HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 8071/2015 (MV) (Lok Adalat No. 3672/2017) BETWEEN:
Raju S/o Andyappa, Aged about 58 years, R/at Hennagara Gate, Ramareddy Building, Scrap Shop, Hosur Road, Bangalore. .. Appellant (By Sri. A. Sreenivasaiah, Advocate) AND:
1. M/s. Sarmi San Metals @ Extracants (P) Ltd., All India Transport Services, Plat No.40, Room No.25, Mahada Complex, Akurli Road, Lokhandawala Kandivali (E), Mumbai-400 100, Maharashtra.
2. The Manager, Bharti AXA General Insurance Co. Ltd., 1st Floor, Ferns Icon, Survey No.28, Doddanakundi Village, K.R. Puram Hobli, Bengaluru – 560 037. .. Respondents (By Sri. H.N. Keshava Prashanth, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 22.08.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.06.2014 PASSED IN M.V.C. NO.2866/2010 ON THE FILE OF THE XIX ADDL. SMALL CAUSES JUDGE AND MACT, BANGALORE, 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 appellant and the representative of Respondent – Bharti AXA General Insurance Company Ltd., along with its counsel 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 compensation of Rs. 1,25,000/- (Rupees One Lakh Twenty 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. Out of the enhanced compensation amount, a sum of Rs.25,000/- shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,00,000/- shall be released in favour of appellant on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv