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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.3922/2018 (MV) (Lok Adalat No.2422/2019) BETWEEN:
SATHISHBABU H.S, S/O.SUBBAIAH, AGED ABOUT 41 YEARS, R/AT GORURU RAMASWAMY, IYENGAR ROAD, UDAYAGIRI EXTENSION, HASSAN-573 201.
... APPELLANT (BY SRI GIRISH B.BALADARE, ADVOCATE) AND:
1. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., CHANDAN COMPLEX, HARSHAMAHAL ROAD, HASSAN-573 201.
2. VISHALAKSHI J, W/O.SATHISH BABU, MAJOR, R/AT GORURU RAMASWAMY, IYENGAR ROAD, UDAYAGIRI EXTENSION, HASSAN-573 201.
... RESPONDENTS (BY SRI ASHOK N.PATIL, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.12.2017 PASSED IN MVC NO.776/2017 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDITIONAL MACT, HASSAN.
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 first Respondent – New India Assurance 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 first respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a global compensation of Rs.3,00,000/- (Rupees Three Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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, Rs..2,00,000/- shall be released in favour of the appellant-claimant, on proper identification and remaining Rs.1,00,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued 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 SD/- MEMBER HB/-