HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.4171/2016 (MV) (LOK ADALATH NO.319/2019) BETWEEN:
SRI ABHISHEK BHAT AGED ABOUT 21 YEARS, S/O HARISH BHAT, R/AT ARASARABETTU, KOTESHWARA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 222. ... APPELLANT (BY SRI VIJAY KRISHNA BHAT M, ADVOCATE) AND:
1. SRI SURENDRA KUMAR H, AGED ABOUT 41 YEARS, S/O H C RAJENDRA, R/AT 1-93, NEAR JAIN TEMPLE, HATTIYANGADI VILLAGE, KUNDAPURA TALUK, UDUPI TALUK-576 283.
2. THE ORIENTAL INSURANCE CO. LTD, DIVISIONAL OFFICE VISHNU PRAKASH, COURT ROAD, UDUPI-576 101, REPT. BY ITS DIVISIONAL MANAGER. ... RESPONDENTS (BY SRI B S UMESH, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 18.02.2016 PASSED IN M.V.C. NO.514/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled.
The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five 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 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.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER