HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2015 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE ARAVIND KUMAR AND SMT.B.V.VIDYULATHA, MEMBER Miscellaneous First Appeal No.9663/2012 (Lok Adalat No.2660/2015) BETWEEN:
SHRI.RAVIKUMAR S.G. @ RAVI S/O GANGANANJAIAH, AGED ABOUT 29 YEARS, R/AT NO.65/2, SYNOORN, SYSTEMS, RAMA MANDIRA ROAD, KAMAKSHIPALYA, BENGALURU-560 079 ..APPELLANT (BY SRI.T.N.VISWANATHA, ADVOCATE) AND:
1.M/s.NEW INDIA ASSURANCE CO. LTD., NO.3, T.P.CLAIMS HUB, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G.ROAD, BENGALURU-560 001.
2.SMT.KRISHNAVENI ROYYARU W/O SATHYANARAYANA, MAJOR, R/AT DOOR NO. 1-3/4-15, 4 PILLAR CENTRE, VIDYADHARAPURAM, VIJAYAWADA URBAN, KRISHNA VIJAYAWADA, ANDHRA PRADESH-571041 ..RESPONDENTS (BY SRI.R.JAIPRAKASH, ADVOCATE FOR R-1, R-2 SERVED) THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED: 03.08.2012 PASSED IN MVC NO.5237/2011 ON THE FILE OF THE IV ADDL.JUDGE, COURT OF SMALL CAUSES & 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 VIDE ORDER DATED 31.10.2015, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellant and the representative of Respondent-Insurance Company 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 global compensation of `90,000/- (Rupees Ninety 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. 50% of the enhanced compensation to be deposited in any Nationalised Bank for a period of three years. Balance 50% to be released.
4. 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.
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 SBN