HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. A.M. VENKATESH, MEMBER M.F.A.No. 4975/2016 (MV) (Lok Adalat No. 1659/2017) BETWEEN:
Nagaraju N.L.
S/o Late Lingegowda @ Dollegowda, Aged about 46 years, R/o Nelamakanahalli Village, Malavalli Taluk, Mandya District-571 401. ... APPELLANT (By Sri. M. Nagesh, Advocate) AND 1. G.V. Tex, No.521, Thirumalanagara, 1st Street, P.N. Road, Tirupur – 611 064, Tamil Nadu – 611 064, (Owner of the Eicher bearing No.TN-39/BF-8440).
2. The Manager (Legal), Bharti AXA General Insurance Co. Ltd., No.2951/A D29/1, 1st Floor, Temple Road, Kalidasa Circle, V.V. Mohalla, Mysore – 570 002, (Policy No. FCV/11102309/ TI/12/C1T11L Valid from 12.12.2012 to 11.12.2013). ... RESPONDENTS (By Sri. Vijay Kumar K., Advocate for R-1, Sri. B. Pradeep, Advocate for R-2) MFA FILED U/S 173 (1) OF THE MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 25.06.2015 PASSED IN M.V.C. NO.408/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, 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 – Bharti AXA General Insurance Co. Ltd. along with its representative 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. 25,000/- (Rupees Twenty 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 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 of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Rbv Sd/- MEMBER