HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H. R. RENUKA, MEMBER M. F. A. No.1944/2012 (MV) LOK ADALAT NO.5726/2017 Between:
SRI ASHOK KUMAR AGED ABOUT 30 YEARS S/O KUSHALAPPA GOWDA R/AT UMESAGU HOUSE ICHILAMPADY VILLAGE, PUTTUR TALUK, D.K ... APPELLANT (BY SRI B S SACHIN, ADVOCATE) AND:
1. SRI VIJU KUMAR AGED ABOUT 30 YEARS S/O TANGAPPAN R/AT KALMATHADKA HOUSE ICHILAMPADY VILLAGE & POST PUTTUR TALUK, D.K 2. THE UNITED INDIA INSURANCE CO LTD PRABHU BUILDING, MAIN ROAD, PUTTUR ... RESPONDENTS (BY SRI T MOHAN KUMAR, ADVOCATE FOR R2, R1 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.06.2011 PASSED IN MVC NO.382/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of `90,000/- (Rupees ninety thousand only), in addition to what has been awarded by the Tribunal, as 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 learned Tribunal within a period of six weeks from the date of preparation of award, failing which, the said amount shall carry interest at 9% per annum 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. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
Draw the award accordingly.
Mr. T. Mohan Kumar, the learned counsel, is granted two weeks time to file his vakalath.
SD/-
Judge SD/-
Member RD/MD