HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.7560/2013 (Lok Adalat No.3352/2017) BETWEEN SHARANKUMAR @ SHARATH KUMAR S/O K.B.SHIVAKUMAR AGED ABOUT 25 YEARS R/O ADLIMANE ROAD, 3RD CROSS HASSAN CITY – 573 201 HASSAN DISTRICT ... APPELLANT (By SRI.CHETHAN.B., ADV.) AND 1. B.M.MALLESH S/O MAILARASHETTY MAJOR R/O HOUSE NO.2128, COLLEGE ROAD, 3RD CROSS, GOKULASWAMY VATARA HASSAN – 573 201 2. THE MANAGER CHOLAMANDALAM M.S.GENERAL INSURANCE CO. LTD., DIVISIONAL OFFICE, NO.135:5, 15TH CROSS, 2ND FLOOR J.P.NAGAR – 560 078 BANGALORE ... RESPONDENTS (By SRI.O.MAHESH, ADV., FOR R2; NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.05.2013 PASSED IN MVC NO.185/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company 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.75,000/- (Rupees Seventy Five 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 and the same shall be released in favour of the appellant.
4. 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 PMR