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:
THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.7923/2017 (Lok Adalat No.6298/2017) BETWEEN SOMANNA S/O NINGA SHETTY, AGED ABOUT 54 YEARS, R/O KUNTHURU MOLE VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT, NOW R/AT C/O MAHADEVASHETTY, RANGANATHANAGARA, SRIRANGAPATNA TOWN, MANDYA DISTRICT-571438.
... APPELLANT (By SRI. SREENIVASA M.Y., ADV.) AND 1. DR. LATHA L RAO W/O DR.GAURAV PANDEY, MAJOR, R/AT NO.75, RAMANJANEYA NAGARA, CHIKKALSANDRA, BANGALORE-560061.
2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO LTD., DIVISIONAL OFFICE, P.B. NO.316, 2ND FLOOR, JLB ROAD, MYSORE-570023.
... RESPONDENTS (By SRI. A.N.KRISHNASWAMY AND SRI.K. SURYANARAYANA RAO.., ADVS., FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30-06-2017 PASSED IN MVC NO.961/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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.1,73,000/- (Rupees one lakh seventy three 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. Apportionment, deposit and release of the additional compensation will be in terms of the award of 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 Mgn/-