HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.5/2018 (LOK ADALATH NO.2520/2019) BETWEEN:
PARAMESHWARA S/O. PURUSAYYA KHARVI, AGED ABOUT 34 YEARS, R/O MANKI, HONNAVARA, HONNAVARA TALUK, U.K. DISTRICT. ... APPELLANT (BY SRI.PAVANA CHANDRA SHETTY.H, ADV.) AND:
1. LAXMAN MANJAPPA NAIK S/O MANJAPPA NAIK AGED ABOUT 62 YEARS, R/O KELAGINAMANE, THERNAMAKKI POST, KAIKINI VILLAGE, BHATKAL TALUK 2. SHRI.RAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPURA, RAJASTHANA REP:BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI.B C SHIVANNE GOWDA, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.11.2017 PASSED IN MVC NO.698/2014 ON THE FILE OF ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA)., KUNDAPURA, 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 for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand Only) with interest at 6% p.a. from the date of petition till the date of deposit, in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Release and deposit of the amount shall be in terms of award of the Tribunal.
Sd/-
JUDGE akd Sd/-
MEMBER