HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 2030/2012 (MV) (Lok Adalat No. 5727/2017) BETWEEN:
Sayyed Umar S/o Sayyed Vazid Sab, Aged about 26 years, Driver cum owner of Tanker Lorry, Basavanabidi, R/o Anandapuram, Sagar Taluk – 577401, Shimoga District. ... Appellant (By Sri Pruthvi Wodeyar, Advocate) AND:
1. A.S.Jayanna S/o Siddappa, Aged about 32 years, R/o Aggunda, Arasikere Taluk, Hassan District – 57301.
Driver of Tata Special vehicle, Bearing Reg.No.KA-13/M-5434.
2. Rameshkumar T.S.
S/o Satyanarayana Gupta, Major, Surya Stores, Sayinath Road, Arasikere Town, Hassan District – 57301. Owner of Tata Speciao vehicle Bearing Reg.No.KA-13/M-5434.
3. The Divisional Manager, Bajaj Allianz General Insurance Co. Ltd., Branch Office, No.363, Shrihari Complex, Seetavilas Road, Mysore – 570024. … Respondents (By Sri E.I.Sanmathi, Advocate for R-3, Sri Ramesh Kumar T.S., Sd for R.2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.12.2011 PASSED IN M.V.C. NO. 399/2010 ON THE FILE OF THE FAST TRACK COURT AND ADDL. MACT, SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – Bajaj Allianz General Insurance Company Limited, 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 lump-sum compensation of Rs. 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. 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.
4. The entire enhanced compensation amount shall be released in favour of appellant on proper identification.
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 Mkm Sd/- MEMBER