HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. BOPANNA, MEMBER M.F.A.No. 9149/2012 (MV) (Lok Adalat No. 3780/2017) BETWEEN Sri. C.N. Basavaraju S/o C.B. Navilesh, Aged about 46 years, Occ: Coffee Planter, R/o Spencer Road, Chikmagalur Taluk and District. ... APPELLANT (By Sri. B.M. Halaswamy, Advocate) AND 1. Sri. H.N. Manjunath S/o Nagarajappa, Aged about 38 years, Occ: Driver of Car No.KA-14/M-5172, R/o Nehru Road, Nyamathi Village & Post, Honnalli Taluk, Davanagere District.
2. Dr. H.N. Vinayakumar S/o Nagarajappa, Aged about 34 years, Owner of Car No.KA-14/M-5172, R/o Lalitha Clinic, B.M. Road, Kushalanagara, Kodagu District.
3. The Manager, The Oriental Insurance Co. Ltd., Vinayaka Complex, Garden Area, 1st Cross, Shimoga District, Insurer of Car No.KA-14/M-5172. ... RESPONDENTS (By Sri. C. Shankar Reddy, Advocate for R-1 & R-3, Notice to R-1 & R-2 – d/w v.c.o. dated 06.02.2014) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2011 PASSED IN MVC NO. 100/2008 ON THE FILE OF THE PRL. DISTRICT JUDGE & MEMBER, MACT, CHIKMAGALUR, 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 – Oriental 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. 1,20,000/- (Rupees One Lakh Twenty 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. The entire enhanced compensation amount 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