HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.4772/2018 (MV) (LOK ADALATH NO.219/2019) BETWEEN:
SHRI. NAGARAJA S/O THIMMEGOWDA AGED ABOUT 46 YEARS R/AT DEVIGERE VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK CHANNARAYAPATNA …APPELLANT (BY SRI. S. RAJU, ADVOCATE) AND:
1. SECRETARY BGS EDUCATION CENTER GANDHI NAGAR, KAAVOOR MANGALORE (OWNER OF INNOVA CAR BEARING REG NO.KA-19-MB-9993) 2. THE MANAGER THE ORIENTAL INSURANCE COMPANY LTD, 3RD FLOOR KRISHNAPRASAD BUILDING M.G.ROAD, LALBAGH MANGALORE-575 003 DIVISIONAL OFFICE:
DIVISIONAL MANAGER THE ORIENTAL INSRUANCE COMPANY LTD NANJAPPA COMPELX, HASSAN ... RESPONDENTS (SMT.K. R. SATHYAPRABHA, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2017 PASSED IN M.V.C. NO.803/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, CHANNARAYAPATNA, 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 Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.45,000/- (Rupees Forty Five 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 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-claimant, on proper identification.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER