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 SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.6031/2017 (MV) (Lok Adalat No.2198/2018) BETWEEN MR.RATHNAKAR SHETTY S/O LATE SHEENAPPASHETTY AGED ABOUT 41 YEARS R/AT KONANABAILU HOSANGADI VILLAGE & POST KUNDAPURA TALUK UDUPI DISTRICT – 576 101 ... APPELLANT (BY SRI VISHWAJITH SHETTY S., ADVOCATE) AND 1. MR.ASHOK KUMAR SHETTY S/O SANJEEVA SHETTY AGED ABOUT 33 YEARS R/AT KONANABAILU HOSANGADI VILLAGE & POST KUNDAPURA TALUK UDUPI DISTRICT – 576 101 2. THE BRANCH MANAGER THE NATIONAL INSURANCE CO. LTD. 1ST FLOOR, GANESH MAHAL MUNICIPAL MAIN ROAD KUNDAPURA – 576 217 ... RESPONDENTS (BY SRI E.I.SANMATHI, ADVOCATE FOR R2; R1 IS SERVED) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.01.2017 PASSED IN MVC NO.184/2015 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL AND MEMBER, ADDITIONAL MACT, UDUPI (SITTING AT 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 appearing for the Appellant - claimant and the learned Counsel appearing for the second respondent – National 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 second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.1,10,000/- (Rupees One Lakh Ten Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 Sd/- MEMBER KLV