HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.1355/2019 (MV) (Lok Adalat No.914/2019) BETWEEN:
SRI.JAI KUMAR M., S/O MOHAN RAJ P., AGED ABOUT 23 YEARS, R/AT NO.2, 4TH MAIN ROAD, KGE LAYOUT, RMV 2ND STAGE, OPP:M.S.RAMAIAH HOSPITAL, NEAR GANESHA TEMPLE, BENGALURU – 560 094. ... APPELLANT (BY SRI.VIJAY KUMAR T., ADVOCATE) AND:
1. THE MANAGER, THE UNITED INDIA INS. CO. LTD., KRISHI BHAVAN BUILDING, 6TH FLOOR, NEAR HUDSON CIRCLE, BENGALURU – 560 027.
2. THE PRINCIPAL, REVA INSTITUTE OF TECHNOLOGY AND MANAGEMENT, KATTIGENAHALLI, YELAHANKA, YELAHANKA SATELLITE TOWN, BENGALURU – 560 064. ... RESPONDENTS (BY SRI S. KRISHNA KISHORE, ADVOCATE FOR R1; NOTICE TO R2 IS D/W V/O DTD: 19.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.10.2018 PASSED IN MVC NO.1274/2017 ON THE FILE OF THE III ADDITIONAL JUDGE & MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU [SCCH-18], 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 – United India 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.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.
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. Out of the enhanced compensation amount, 25% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued interest periodically and remaining 75% shall be released in his favour, 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 NR/-