HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.1899/2018 (MV) (Lok Adalat No.3006/2019) BETWEEN:
Sri. Darshan @ C.M. Darshan, S/o. Mohan, Aged about 22 years, R/o. Channanakunte Village, Sira Taluk – 572 137, Tumakuru District.
(By Sri.V. B. Siddaramaiah, Advocate) AND:
1. The United India Insurance Co. Ltd., 1st Floor, Raja Complex, Ambedkar Road, Sira Town – 572 237, Tumakuru Distirct.
...Appellant 2. Sri. T. Devaraju, S/o. Thimmappa, Aged about 42 years, R/o. Keshavanagara, Sira Town – 572 137, Tumakuru District.
(By Sri. B.C. Seetharama Rao, Advocate for R1 – Vakalath not filed;
R2 – notice d/w vide order dtd.7.3.2019) ...Respondents This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 24.08.2017 passed in MVC No.1087/2016 on the file of the Senior Civil Judge and JMFC, Additional MACT, Sira partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for conciliation before Lok Adalat, the following conciliation order is passed:
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the First Respondent –United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the first respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a global compensation of Rs.75,000/- (Rupees Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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 – claimant, on proper identification and acknowledgment.
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 AP/-