HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.3687/2018 (MV) (Lok Adalat No.3708/2019) BETWEEN:
Boregowda, S/o Late Boregowda, Aged about 26 years, R/at No.29/114, Mahadeva Compound, Mallatthalli, 8th Cross, Bengaluru – 560 060.
Permanent Address: No.88D, Kamasagara, Gajanur, Malavalli Taluk, Mandya District.
(By Sri. Shripad V Shastri, Advocate) AND:
1. Sri. A Sai @ Sai Appaiahvallu, S/o. Arjunaiah, Major, ...Appellant R/at No.3/P 122, Nalavay ( P & V), S.R. Puram (M), Chittor District, Chittor – 517 004.
A.P. State.
2. United India Insurance Co., Ltd., Regional Office, Krishibhavana, No.18, 5th Floor, Nrupatunga Road, Hudson Circle, Bengaluru. Represented by its Regional Manager, Police issued by Chittor Branch.
(By Sri. Y P Venkatapathi, Advocate for R2) ...Respondents This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 16.01.2018 passed in MVC No.7950/2016 on the file of the IX Additional Small Causes Judge and XXXIV ACMM, Court of Small Causes and Additional MACT (SCCH – 7), Bengaluru partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for conciliation before Lok Adalat, the following conciliation order is passed:
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the second Respondent –United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.83,000/- (Rupees Eighty Three Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification and acknowledgment.
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 AP/-