HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 7635/2014 (MV) (Lok Adalat No. 2058/2016) BETWEEN Naveena S/o Putta Swamy, Aged about 25 years, Alur Village, Kasaba Hobli, Belur Taluk. ... APPELLANT (By Sri. Jagadeesh H.T., Advocate) AND 1. Saifulla Khan S/o Jaffer Khan, Sirnagara, Hassan-573 201, (KA-13/A-7043 Ape Truck Owner) 2. Royal Sundaram General Insurance Co. Ltd., Registered Office: 21, Patullos Road, Chennai-600 002, Represented by Branch Manager, No.133, 3rd Floor, Shika Towers, Ramvilas Road, Mysore-560 001, (Policy No.343713 Validity period 25.8.2011 to 24.8.2012). ... RESPONDENTS (By Sri. Ravi S. Samprathi, Advocate for R-2, Notice to R-1– d/w v.c.o. dated 17.06.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2013 PASSED IN MVC NO. 601/2012 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE AND MACT, BELUR, 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 – Royal Sundaram 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. 35,000/- (Rupees Thirty 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 Sd/- MEMBER Rbv