HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 774/2015 (MV) (Lok Adalat No. 1039/2016) BETWEEN Sri. Eshwaranaik S/o Shekharnaik, Aged about 26 years, Occ: Agricultural and Driver, R/o Chattobanahalli Tanda, Metturu Camp, Davanagere Taluk & District – 577 006. ... APPELLANT (By Sri. Rudrappa P., Advocate) AND 1. Sri. Manjunatha P. S/o Parashuramareddy, Aged about 32 years, R/o P. Basavanagowda Badavane, Avaragere Grama, Davanagere Taluk & District-577 002, (Rider of the vehicle bearing its Reg. No.KA-17/Y-3257).
2. Sri. P. Manikanta S/o Parashuramappa, Aged about 33 years, R/o P. Basavanagowda Badavane, Avaragere Grama, Davanagere Taluk & District – 577 002, (Owner of vehicle bearing its Reg. No.KA-17/Y-3257).
3. The Divisional Manager, National Insurance Co. Ltd., Melagiri Plaza, MCC ‘B’ Block, Dental College Road, Davanagere – 577 001. ... RESPONDENTS (By Sri. Shivaraj Patil, Advocate for R-3, Notice to R-1 & R-2 – d/w v.c.o. dated 01.07.2013) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.07.2014 PASSED IN MVC NO. 724/2013 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE AND V MACT, DAVANAGERE, 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 – National 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. 30,000/- (Rupees Thirty 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 Sd/- MEMBER Rbv