HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.5793/2014 (MV) (Lok Adalat No.6513/2017) SMT. NAREMMA, W/O LATE NADUPANNA, AGED ABOUT 63 YEARS, RESIDING AT AJAPPANAHALLI VILLAGE, KOLAR TALUK AND DISTRICT – 563 101.
(BY SRI. N. GOPALAKRISHNA, ADVOCATE) AND:
1 . SRI.K.V.JAYAKANTH, S/O K.CHOKKALINGAM PILLAI, MAJOR IN AGE, RESIDING AT NO.T 2/1, WMS COMPOUND, 9TH MAIN, 47TH CROSS, 5TH BLOCK, JAYANAGAR, BANGALORE – 560 041.
...APPELLANT 2. BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD., NO.31, TBR TOWER, 1ST CROSS, NEW MISSION ROAD, NEXT TO BANGALORE STOCK EXCHANGE, BANGALORE – 560 002.
REPRESENTED BY ITS MANAGER.
…RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2;
V/O DATED 22.01.2015 NOTICE TO R1 D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2013 PASSED IN MVC NO.5616/2011 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, 17TH ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the second Respondent – Bajaj Allianz General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.80,000/- (Rupees Eighty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 – claimant, 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 MBM