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. 6712/2015 (MV) (Lok Adalat No. 5367/2016) BETWEEN Sri. Dharmegowda S/o Late Karigowda, Aged about 37 years, Resident of Haralahalli Village, Kasaba Hobli, Holenarasipura Taluk-573 211. ... APPELLANT (By Sri. Chethan B., Advocate) AND 1. Sri. Srinivas S/o Javaregowda, Major, Resident of Hebbur Village, Haradanahalli Post, K.R. Nagar Taluk, Mysore – 571 602.
2. The Manager, Royal Sundaram General Insurance Co. Ltd., Head Office: 46, Whites Road, Chennai – 600 014.
Represented by the Branch Manager, Royal Sundaram General Insurance Co. Ltd., No.133, 3rd Floor, Shikha Towers, Ramavilas Road, Mysore – 570 023. ... RESPONDENTS (By Sri. Ravi S. Samprathi, Advocate for R-2, Notice to R-1– d/w v.c.o. dated 25.11.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.07.2015 PASSED IN MVC NO. 1818/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, HOLENARASIPURA, 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. 1,50,000/- (Rupees One Lakh Fifty 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, 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.1,00,000/- 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 Sd/- MEMBER Rbv