HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE RAVI MALIMATH AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL No. 9044 of 2018 (MV) (Lok Adalat No. 2851 of 2019) BETWEEN:
RAMANNA, SON OF KURIYANNA @ KARIYAPPA, AGED 52 YEARS, RESIDING AT NO.47, LAGGERE, RAJAGOPALA NAGAR, BENGALURU NORTH TALUK, BENGALURU – 560 120.
(BY SRI. D.S.SRIDHAR, ADVOCATE) AND:
1. NAGARAJ C.
... APPELLANT SON OF CHENNIGARAYA A.C., MAJOR, RESIDING AT NO.284, ‘SUSAMSKRIT’, 2 G MAIN ROAD, 11TH BLOCK, NEAR ST.SOPHIA SCHOOL, 2ND STAGE, NAGARABHAVI, BENGALURU – 560 079.
2. M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., GOLDEN HEIGHTS, 4TH FLOOR, ½ 59TH ‘C’ CROSS, 4TH M BLOCK, RAJAJINAGAR, BENGALURU – 560 052.
REPRESENTED BY ITS MANAGER.
... RESPONDENTS (BY SRI. E.I.SANMATHI, ADVOCATE FOR R.2 R.1 SERVED BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 20.07.2018, PASSED IN MVC NO. 3608/2016, ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-11), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant- appellant and the learned Counsel for the Respondent – M/s. Bajaj Allianz General Insurance Co. Ltd., along with its representatives are present.
2. After prolonged negotiations, the matter is settled. The appellant -Claimant has agreed to receive and the Respondent - Insurance Company has agreed to pay a lump-sum of Rs. 87,000/- (Rupees Eighty-seven Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent – Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant, on proper identification.
5. This Miscellaneous First Appeal stands disposed off in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER MH/-