HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.7773/2016 (Lok Adalath No.5528/2017) BETWEEN:
SRI. LACHMAYYA MASTHAYYA NAIK AGED ABOUT 36 YEARS S/O MASTHAUYA NAIK R/O ALIVE KODI, SHIROOR POST KUNDAPUR TALUK – 576 301.
(BY SRI. K. PRASANNA SHETTY., ADVOCATE) AND:
1. SRI. DIVBINA KUMAR K MAJOR IN AGE S/O RAMESH POOJARY R/O H.NO.1-174, MUGERU HOUSE, KANAKAMAJALU VILLAGE – 576 301 SULIA TALUK.
2. NATIONAL INSURANCE CO. LTD., KUNDAPURA BRANCH 1ST FLOOR, SAI CENTER ... APPELLANT YADTHARE MANJAYYA SHETTY ROAD, KUNDAPURA – 576 301 REP. BY ITS BRANCH MANAGER.
... RESPONDENTS (BY SRI. GANGADHARA SANGOLLI., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.08.2016 PASSED IN MVC NO.105/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 15.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for appellant and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `55,000/- (Rupees Fifty 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. Entire award amount shall be released in favour of appellant on proper identification.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER DR