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 AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL No.8549 of 2018 (MV) (LOK ADALAT NO.3942 of 2019) BETWEEN:
SMT. SHANTHA @ SHANTHAMMA, WIFE OF SRI.NARAYANASWAMY, AGED 43 YEARS, RESIDING AT NO.119/1, 1ST MAIN, 4TH CROSS, WHITEFIELD MAIN ROAD, RAMAGONDANAHALLI, WHITEFIELD, BENGALURU – 560 066.
(BY SRI. SRIDHAR D.S., ADVOCATE) AND:
1. M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, GOLDEN HEIGHTS, 4TH FLOOR, ... APPELLANT NO.1/2, 59TH ‘C’ CROSS, 4TH BLOCK, RAJAJINAGAR, BENGALURU – 560 064. REPRESENTED BY ITS MANAGER.
2. M/S.APARNA ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGER, SURVEY NO.77/1, HEGGONDANAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU – 562 106.
... RESPONDENTS (BY SRI. P.B.RAJU, ADVOCATE FOR R1; SRI.M.NAGARAJU, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2018, PASSED IN MVC NO.3730/2017, ON THE FILE OF THE XXI ACMM & 23RD ADDITIONAL SMALL CAUSES, BENGALURU, (SCCH – 25), 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.1 – M/s. Bajaj Allianz General Insurance Co. Ltd., along with its representatives are present.
2. After prolonged negotiations, the matter is settled. The appellant – Claimant has agreed to receive and the Respondent No.1 - Insurance Company has agreed to pay a lump-sum 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 No.1 – 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 off 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/-