HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE L.NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A.No. 8014/2015 (MV) (Lok Adalat No. 4118/2017) BETWEEN Mr. Natesh Kumar, S/o Late Padmanabha, Aged about 33 years, r/at H.No.383/17, Guru Nivasa, Vaidyanatha Nagara, Pahanday, Bondel, Mangalore Taluk, D.K. District – 575 008. ... Appellant (By Sri Ravishankar Shastry G., Advocate) AND 1. Mr. Balakrishna S/o Manjappa Moily, Aged about 43 years, r/at Gundebettu House, Badaga Mijar Village, Ashwathapura Post, Mangalore Taluk, D.K. Pin – 575 009.
2. Shriram General Ins. Co. Ltd., Sitapura, Jaipura, Rajastana State, Represented by its Manager. ... Respondents (By Sri B.Pradeep, Advocate for R-2, Notice to R-1 d/w. v.c.o. dated: 23.10.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.07.2015 PASSED IN MVC NO. 743/2012 ON THE FILE OF I ADDL. DISTRICT JUDGE AND II ADDL. MACT, MANGALORE, D.K., 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 – Shriram 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. 20,000/- (Rupees Twenty 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 Mkm/Rbv Sd/- MEMBER