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 :
SRI. ANIL KUMAR M M.F.A.No.1293/2013 [MV] (Lok Adalat No.4640/2016) AGED ABOUT 47 YEARS, S/O THIMMAPPA, R/AT NO.1179, 1ST ‘A’ MAIN, VIJAYANAGAR, BENGALURU – 560 040.
(BY SRI B B GOUDAR, ADV.) AND :
1. S.C. VINOD KUMAR AGED ABOUT 24 YEARS, S/O CHANDRASHEKAR, NO.92, 1ST MAIN ROAD, KAVERI LAYOUT, BENGALURU – 560 040.
2. NATIONAL INSURANCE CO. LTD REGIONAL OFFICE SHUBHARAM COMPLEX, M.G.ROAD, BENGALURU – 560 001. REPD., BY ITS MANAGER.
...APPELLANT …RESPONDENTS (BY SRI SHIVARAJ PATIL, ADV. FOR R-2 R1 - DISMISSED) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2012 PASSED IN MVC NO.502/2011 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMTN 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.40,000/- (Rupees Forty 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-claimant 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/-