HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE L.NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A.No. 6588/2015 (MV) (Lok Adalat No.4152/2017) BETWEEN Shivalingaiah D.N., S/o D.T. Nagappa, Aged about 51 years, r/at No.110, Devanayakanahalli, Nagalapura Post, Dabbeghatta Hobli, Turuvekere Taluk, Tumkur District – 572227. ... Appellant (By Sri N.S. Bhat., Advocate) AND 1. Fayaz Ahmed, S/o Pyarejan, Aged about 35 years, r/at J.C.R. Colony, Tumkur I main, Santhepete, Tumur Town, Tumkur district – 572 101.
2. The Manager, Shriram General Insurance Co. Ltd., At No.5, III Floor, Monarch chambers, Infantry Road, Bangalore – 560001. ... Respondents (By Sri B.Pradeep, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2014 PASSED IN MVC NO. 6916/2011 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU, 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 claimant-appellant and the learned Counsel for the respondent – Shriram 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. 2,10,000/- (Rupees Two Lakhs Ten 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
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 Mkm/Rbv