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. 6656/2017 (MV - D) (LOK ADALAT NO. 2683/2019) BETWEEN:
1 . SMT.NAGARATHNA, WIFE OF LATE THIMMAPPA, AGED 38 YEARS, 2. NAVEEN KUMAR, SON OF LATE THIMMAPPA, AGED 18 YEARS, 3. SRINIVASA H.T., SON OF LATE THIMMAPPA, AGED 15 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER AND THE NATURAL GUARDIAN THE FIRST APPELLANT, VIZ., SMT.NAGARATHNA.
4. SMT. RANGAMMA @ SANNARANGAMMA, WIFE OF THIMMAIAH, AGED 66 YEARS, 5. THIMMAIAH, SON OF LATE NARASAIAH, AGED 71 YEARS, ALL ARE RESIDING AT NO.133/260/261, HEROHALLI, MAGADI MAIN ROAD, BENGALURU – 560 091. PERMANENT ADDRESS: HURULIGERE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.
...APPELLANTS (BY SRI. SRIDHAR D.S., ADVOCATE) AND:
1 . B.T.VENKATESH, SON OF THIMMAIAH,MAJOR, RESIDING AT BISALAHALLI VILLAGE, KANAKUPPE POST, HEBBUR, TUMAKUR DISTRICT – 572 120.
2. M/S.BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, ‘GOLDEN HEIGHTS’, 4TH FLOOR, NO.1/2, 59TH ‘C’ CROSS, 4TH ‘M’ BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
…RESPONDENTS (BY SRI.H.N.KESHAVA PRASHANTH, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED - UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 05.05.2017, PASSED IN MVC NO. 1539/2016, ON THE FILE OF THE 21ST ADDITIONAL SMALL CAUSE JUDGE AND 19TH ACMM, MEMBER, MACT, 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 No.2 – Bajaj Allianz 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 No.2 - Insurance Company has agreed to pay a lump-sum of Rs.2,90,000/- (Rupees Two Lakh Ninety 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 No.2 – 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 Sd/- MEMBER MH/-