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:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.3476/2014 (MV) (Lok Adalat No.1975/2017) SRI.GURUPRASAD M.N., AGED ABOUT 40 YEARS, R/AT LATE N.S.NAGARAJA SHASTRY, R/AT NO.87/B, TURAHALLI HOBLI, UTTARAHALLI HOBLI, BENGALURU – 560 061.
(BY SMT. BHUSHANI KUMAR, ADVOCATE) AND:
1 . THE MANAGER, BAJAJ ALLIANZ GEN. INS. CO. LTD., 105-A, CEARS PLAZA, GROUND FLOOR, 136, RESIDENCY ROAD, OPP: BANGALORE CLUB, BENGALURU – 560 025.
2. SRI.RAFIULLAH KHAN F., S/O M.F.KHAN, ...APPELLANT R/AT BLOCK NO.B-35, FLAT NO.1346, 2ND FLOOR, 2ND STAGE, AUSTIN TOWN LAYOUT, BENGALURU – 560 047.
(BY SRI. B. PRADEEP, ADVOCATE FOR R1;
…RESPONDENTS V/O DATED 22.03.2017 NOTICE TO R2 D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2013 PASSED IN MVC NO.657/2011 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, MACT, BENGALURU (SCCH-13), 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 – Bajaj Allianz General 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 lump-sum of Rs.50,000/- (Rupees Fifty 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.
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 MBM