HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.4668/2015 (MV) (Lok Adalat No.3655/2019) RAGHU K @ RAGHAVENDRA, S/O KRISHNAPPA, AGED ABOUT 25 YEARS, R/O DEENADAYALU ROAD, TARIKERE TOWN – 577 525, CHIKKAMANGALURU DISTRICT.
(BY SRI.MANJUNATH N.D., ADVOCATE) AND:
1 . B.N.MAHESHA, S/O N.NAGBUSHANA, AGED ABOUT 37 YEARS, BUSINESS MEN, R/AT NO.1241/02, BENAKA NILAYA, OPP. CHURCH, LINGARAJAPURAM, BENGALURU – 84.
...APPELLANT 2. SAVITHA D.N., D/O D.N.NAGBUSHAN, 121/2, BENAKA NILAYA, CHURCH STREET, LINGARAJAPURAM, ST.THOMAS TOWN POST, BENGALURU – 084.
3. THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., BRANCH OFFICE, NO.403 AND 4040, 4TH FLOOR, CRYSTAL ARC, NEAR HOTEL ROOPA, BALMATHA ROAD, MANGALURU – 577 251.
(BY SRI. P.B.RAJU, ADVOCATE FOR R3;
…RESPONDENTS V/O DATED 25.01.2017 NOTICE TO R1 & R2 D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2014 PASSED IN MVC NO.54/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, MACT, AT TARIKERE, 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 appearing for the Appellant - claimant and the learned Counsel appearing for the third Respondent – Bajaj Allianz General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the third respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the third respondent-insurance company has agreed to pay a lump-sum of Rs.2,70,000/- (Rupees Two Lakh Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 Rs.1,00,000/- (Rupees One Lakh only) shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued interest quarterly and remaining amount of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand only) shall be released in his favour, 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 MBM