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.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.5263/2017 (MV) (LOK ADALATH NO.2378/2018) BETWEEN:
SRI. KUMARSWAMY S/O GANGANNA, AGED ABOUT 52 YEARS, R/O BENDEKERE VILLAGE, ARSIKERE TALK-573103, HASSAN DISTRICT. ... APPELLANT (BY SRI JAGADEESH H T, ADVOCATE) AND:
1. SRI. K. VENKATESH, S/O LAKSHMAN RAO, MAJOR, R/O NO.44:2, 2ND CROSS, SRINAGAR, KYATSANDRA, TUMKUR DISTRICT-572103.
2. MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED NO.363, SRI HARI COMPLEX, SITAVILAS ROAD, MYSORE. ... RESPONDENTS (BY SRI RAVI S SAMPRATHI, ADVOCATE FOR R2, NOTICE TO R1 D/W, V/O DATED: 30.11.2018) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 17.03.2017 PASSED IN M.V.C.NO.448/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT ARSIKERE, 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 Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.67,000/- (Rupees Sixty Seven 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 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 award of the Tribunal stands modified. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER