HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 7673/2017 (MV) (Lok Adalat No. 1846/2018) BETWEEN SHAKTHI VEL. B. @ SATHYA VELU S/O BALA KRISHNA, AGED ABOUT 46 YEAS R/AT NO.494, HOMBEGOWDA SLUM, 7TH CROSS, WILSON GARDEN, HOSUR MAIN ROAD, SOUTH RANGE, BANGALORE-560011 ... APPELLANT (BY SRI.P. SURESH, ADV.) AND 1. M/S. RELIANCE GENERAL INSURANCE CO. LTD. RGIC-28, EAST WING, 5TH FLOOR, CENTENARY BUILDING,, M.G.ROAD, BANGALORE-560001 REPT BY ITS INCHARGE MANAGER 2. FAYAZUDDIN A S/O SHAMSHUDDIN.A. MAJOR IN AGE, R./AT NO.02, 2ND CROSS, IST MAIN, OPP:TOOR MASJID NAGAMMA LAYOUT, KAVALBYRASANDRA, BANGALORE-560032 (BY SRI. ASHOK N PATIL, ADV. FOR R1 ... RESPONDENTS NOTICE TO R2 IS DISPENSED WITH V/O DATED:10.10.2018) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.08.2017 PASSED IN MVC NO.3947/2016 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE, & XXXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-5), 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 – Reliance 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 - Insurance Company has agreed to pay a lump-sum of Rs. 80,000/- (Rupees Eighty 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 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 BVK Sd/- MEMBER