HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE Mr. JUSTICE RAVI MALIMATH & SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL NO. 8263/2017 (MV - I) (LOK ADALAT NO.2192/2019) BETWEEN:
SADSHIVAPPA R.H., SON OF LATE K.HALAPPA, AGED ABOUT 67 YEARS, RESIDING AT URUGDUR POST, SHIMOGA, HASSAN DISTRICT – 577 201.
(BY SRI.SUBRAMANI G.N., ADVOCATE) ...APPELLANT AND:
1 . K.RAVI, SON OF KONAPPA REDDY, AGED ABOUT 48 YEARS, RESIDING AT NO.47, SOUTH END ROAD, NAGASANDRA CIRCLE, BASAVANAGUDI, BANGALORE – 560 004.
2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., GOLDEN HIGHTS, 4TH FLOOR, 59TH CROSS, RAJAJINAGAR, BANGALORE – 560 010. REPRESENTED BY ITS BRANCH MANAGER, (BY SRI.N.SATISH, ADVOCATE FOR R1;
…RESPONDENTS SRI.H.N.KESHAVA PRASHANTH, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2017, PASSED IN MVC NO.2495/2015, ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, BENGALURU (SCCH – 15), 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 claimant-appellant and the learned Counsel for the Respondent No.2 – Bajaj Allianz General Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellant -Claimant has agreed to receive and the Respondent No.2 - Insurance Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One 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 No.2 – 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, 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 MH/-