HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. BOPANNA, MEMBER M.F.A.No. 6038/2014 (MV) (Lok Adalat No. 316/2017) BETWEEN Shivanna K.R. S/o Late Rangaiah, Aged about 53 years, Presently R/at C/o Umashankar, No.11, Santhosh Vihar, Phase-I, Jakkur Road, Opposite to G.K.V.K., Shankarnagar Post, Bangalore – 560 092, Native of Sadana Building, Opposite to K.S.R.T.C. Depot, Near Ganapathi Temple, Jayanagar, Chikkamagalur – 577 101. ... APPELLANT (By Sri. P. Suresh, Advocate) AND 1. M/s National Insurance Co. Ltd., Bangalore Regional Office (HUB), No.144, 2nd Floor, Shubharam Complex, M.G. Road, Bangalore-560 001, Rep. by its In-charge Manager.
2. K.M. Sudhir S/o Manjunath, Major in Age, R/at Kesarlu-Vg, Hosallipete-PO, Chikkamagalur – 577 101. ... RESPONDENTS (By Smt. H.R. Renuka, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.02.2013 PASSED IN MVC NO. 6180/2011 ON THE FILE OF THE X ADDITIONAL SMALL CAUSES JUDGE & 35TH ACMM AND MACT, BANGALORE CITY, 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 – National Insurance Co. Ltd. along with its representative are present.
2. Both parties have filed Joint Memo dated 24.10.2017, which reads as follows :
“The MACT had awarded total compensation of Rs.2,11,834/- with interest @ 8% from the date of petition till realization which is inclusive of a sum of Rs.1,03,840/- under the head loss of leave. The claimant being dissatisfied with the size of award has presented this appeal for enhancement on the ground that the award under the other heads is disproportionately inadequate.
The matter was taken up for settlement and upon discussion and consideration of size of the award with reference to the nature of injuries, etc., it was observed that the claimant was not entitled for Rs.1,03,840/- under the head loss of leave by noticing the same, the respondent was intended to file a cross appeal.
However, having regard to the meager compensation awarded under other heads it is mutually agreed that the claimant will receive a lump sum compensation of Rs.2,50,000/- in full and final settlement arising out of his claim in MVC No.6180/2011, MACT, Bangalore as against the award of Rs.2,11,834/- with interest @ 8% p.a. The agreed compensation of Rs.2,50,000/- does not carry any interest”.
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 Rbv