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.1483/2015 (MV) (Lok Adalat No.5098/2016) BETWEEN SMT SAKAMMA W/O RAYAPPAGOWDA AGED ABOUT 59 YEARS R/OF KATHIMALLENAHALLI VILLAGE KASABA HOBLI ARKALGUD TALUK HASSAN DISTRICT – 573 102 ... APPELLANT (BY SRI MURTHY D.L., ADVOCATE) AND 1. YOGESH S/O NINGAPPA MAJOR BAGIVALU VILLAGE & POST HALEKOTE HOBLI H.N.PURA TALUK HASSAN DISTRICT – 573 211 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., OLD BUS STAND ROAD HASSAN – 573 201 …RESPONDENTS (BY SRI B.A.RAMAKRISHNA, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.07.2014 PASSED IN MVC NO.1787/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, ARKALGUD, 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.3,45,000/- (Rupees Three Lakhs Forty Five 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. Out of the enhanced compensation amount, 50% shall be released in favour of the appellant – claimant, on proper identification and remaining amount shall be kept in fixed deposit in any Nationalised or Scheduled Bank in the name of the appellant for a period of three years with a liberty to draw the interest periodically.
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 KLV Sd/- MEMBER