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. 4850/2015 (MV) (Lok Adalat No. 1297/2017) BETWEEN Sri. Dinesha S/o Sri. Somashekar, Aged about 24 years, R/o MESCOM, Hangarahalli Village, Halekote Hobli, Holenarasipura Taluk, Hassan District – 573 211. ... APPELLANT (By Sri. C.R. Gopala Swamy, Advocate) AND 1. Sri. K.G. Raghu S/o Sri. Gangadhara Char, Major, R/o Keregodu Village, Halli Mysore Hobli, Holenarasipura Taluk, Hassan District-573 210, (Driver of Lorry bearing No.KA-54/533).
2. Shriram General Insurance Co. Ltd., No.10003, E.B. Raico Industrial Area, Sitapura, Jaipur District, Rajasthan State – 302 022, Rep. by Shriram General Insurance Co. Ltd., IN-5, III Floor, Monarch Chambers, Infantry Road, Bangalore-560 001, (Insurer of the vehicle).
3. Sri. Sathish S/o Sri. Puttaswamy Gowda, Aged about 47 years, R/o Mandagere Village, Kikkeri Hobli, K.R. Pet Taluk, Mandya District, Presently R/at Nagalapura Village, Kasaba Hobli, Holenarasipura Taluk, Hassan District-573 211, (Owner of Lorry bearing No.KA-54/553). ... RESPONDENTS (By Sri. H.N. Keshava Prashanth, Advocate for R-2, Sri. Pratheep K.C., Advocate for R-3, Notice to R-1 – d/w v.c.o. dated 31.01.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.08.2013 PASSED IN MVC NO. 350/2012 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, HASSAN, 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 – Shriram 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. 25,000/- (Rupees Twenty Five 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