HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 6020/2017 (MV) (Lok Adalat No. 2232/2018) BETWEEN MR POORNACHANDU @ PURNACHANDU NUTHALAPATI, S/O LATE SUBARAO @ SUBBA RAO, AGED ABOUT 34 YEARS, NUTATHAPATI, R/AT ANNAVARAM, PEDANANDIPADU, GUNTUR, ANDHRA PRADESH-522112 (BY SRI. RAVISHANKAR SHASTRY G., ADV.) AND 1. MR G D KUMAR S/O G S DAKAPPA, AGED ABOUT 40 YEARS R/AT MANDARTHI NILAYA, 6TH CROSS, JANATHA COLONY, ASHOKNAGARA, SHIVAMOGGA-577201 2. RELILANCE GENERAL INSURANCE CO LTD ... APPELLANT IST FLOOR, MAGANUR COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, B.D.ROAD, CHITRADURGA -577501 REPRESENTED BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI. D VIJAYAKUMAR, ADV. FOR R2; NOTICE TO R1 D/W V/O DT.28.11.2018) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.06.2016 PASSED IN MVC NO.1740/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, MANGALURU, D.K., 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 – Reliance 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. 50,000/- (Rupees Fifty 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/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 BVK Sd/- MEMBER