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 ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER M.F.A.No. 3183/2014 (MV) (Lok Adalat No.5792/2016) BETWEEN R. Janardhana, 21 years, S/o. Rudranna, R/at. No.37/1, Mayura Nilaya, 2nd floor, 3rd Cross, 4th Main, Chamrajpet, Bengaluru-560 018.
Also residing at:
Karimuddiahana Hatti, AV Kottige, Hiriyur Taluk, Chitradurga District. ... Appellant (By Sri. Chandrashekhar R, Advocate) AND 1. Syed Athikulla, Major, S/o. Syed Athaulla, R/at. No.611, Bada Makan, Chitradurga-577 501.
2. The Manager, M/s. Shriram Gen. Ins. Co. Ltd., Whitehouse, No.S-5, 2nd floor, St. Marks Road, Bengaluru-560 001. ... Respondents (By Sri. O.Mahesh, Advocate for R.2; Notice to R.1 is d/w. v/o. dated 14.12.2016) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2013 PASSED IN MVC NO.137/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, M.A.C.T., BENGALURU, 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 appellant - claimant and the learned Counsel for the respondent – Shriram General Insurance Company Limited 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. 3,00,000/- (Rupees Three Lakh 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. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any nationalized/scheduled bank in the name of the appellant for a period of three years with a liberty to draw the interest periodically. The remaining 50% 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 KG