HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. M.JYOTHI, MEMBER BETWEEN :
SHIVARAJU S/O RAMESH M.F.A.No.9634/2011 [MV] (Lok Adalat No.1793/2013) AGED ABOUT 21 YEARS, BYRAMANGALA CROSS, BIDADI HOBLI, RAMANAGARAM DISTRICT.
(BY SRI C PUTTASWAMY, ADV. AND SRI. K.T. MADHU, ADV.) ...APPELLANT AND :
1. M/S SAI PROJECTS AND SYSTEMS PVT. LTD., B-383, 4TH MAIN ROAD, 6TH CORSS, 1ST STAGE, PEENYA INDUSTRIAL ESTATE, BANGALORE – 58.
2. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, NO.64, 1ST FLOOR, NEAR SUBBAIAH CIRCLE, MISSION ROAD, BANGALORE – 27.
(REPRESENTED BY ITS MANAGER) …RESPONDENTS (BY SRI A.M.VENKATESH, ADV. FOR R-2; NOTICE DISPENSED WITH IN R/O R1) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 02.07.2011 PASSED IN MVC NO.8233/2010 ON THE FILE OF THE IX ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, 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 appellant - claimant and the learned counsel for the respondent – Insurance Co. 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 Co. has agreed to pay a lump-sum of Rs.1,15,000/- (Rupees One lakh fifteen 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 Co. 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 Sd/- MEMBER VBS/-