HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 38/2016 (MV) (Lok Adalat No. 5547/2016) BETWEEN Sri. Basavaraju S/o Siddaramaiah, Aged about 50 years, R/at Adugur Village, Kasaba Hobli, Gubbi Taluk, Tumkur District, Now R/at C/o Nagaraju, Yajamanara Beedi, Mandipet, Tumkur – 572 101. ... APPELLANT (By Sri. V.B. Siddaramaiah, Advocate) AND 1. The Royal Sundaram General Insurance Co. Ltd., Subramaniam Building, 2nd Floor, No.1, Club House Road, Annasalai, Chennai – 600 102, Rep. by its Branch Manager.
2. Sri. N. Shashidhar S/o Narasimhaiah, Age not known to the appellant, R/at No.180/123, 5th Main, 3rd Floor, 60 Ft. Road, J.C. Nagar, Bangalore – 560 024. ... RESPONDENTS (By Sri. H.S. Lingaraj, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 07.12.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2015 PASSED IN MVC NO. 1414/2011 ON THE FILE OF THE VI ADDL. DISTRICT & SESSIONS JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – Royal Sundaram General Insurance Co. Ltd. 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. 1,80,000/- (Rupees One Lakh Eighty 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. Out of the enhanced compensation amount of Rs.1,80,000/-, a sum of Rs.50,000/- shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,30,000/- shall be released in favour of the appellant 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 Rbv Sd/- MEMBER