HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE ASHOK G. NIJAGANNAVAR & SMT. B. V. VIDYULATHA, MEMBER M.F.A.No. 5319/2017 (MV) (Lok Adalat No. 2054/2018) BETWEEN Sri. G.L.Raghu S/o. Sri. Lokappachar, Aged about 28 years, Occupation: Mechanic, R/o. Ganjalagodu Village, K.T.Pet Post, Chikkamagaluru Taluk and District-577 101. ... Appellant (By Sri. Vinod Gowda, Advocate) AND 1. Sri. Rangaswamy S/o. Sri Dollashetty, Aged about 40 years, R/o. S.Bidare, Chikkamagaluru District – 577 101 2. Mr. Ravi S/o. Sri. Dharani, Aged about 41 years, R/o. Manjunatha Nilaya, Chikkamagaluru District – 577 101.
3. M/s. Shriram General Insurance Company Ltd., No.8, EPIK Sitapura Industrial Area, Jaipura, Rajasthan – 302 022.
4. Mr. Raghu G.L S/o. Lokappachar, Aged about 26 years, R/o. Ganjalagodu Village, K.T.Pet Post, Chikkamagaluru Taluk and District – 577 101.
5. M/s. The New India Assurance Company Ltd., Branch Office, Panduranga Complex, K.T.Street, Chikkamagaluru – 577 101. ... Respondents (By Sri. B.A.Ramakrishna, Advocate for R.3) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2017 PASSED IN MVC NO.228/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, ADDITIONAL MACT, CHIKKAMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant - claimant and the learned Counsel for the respondent No.3 – Shriram General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Claimant has agreed to receive and the Respondent No.3 – Insurance Company has agreed to pay a lump-sum of Rs. 95,000/- (Rupees Ninety 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-claimant, 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 KG