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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.7468/2016 (MV) (Lok Adalat No.2134/2019) BETWEEN SRI MAHESH KUMAR S/O SHARANAPPA AGED ABOUT 34 YEARS R/AT ARAGA PANCHAYATH QUARTERS, ARAGA POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT – 577 414 ... APPELLANT (BY SRI GURUDEVA PRASAD K.T., ADVOCATE) AND 1. RAJENDRA S.N.
S/O SUBBAIAH GOWDA MAJOR R/A BHARATHI STREET SRINGERI TOWN SRINGERI POST, CHICKMAGALURU – 577 139 2. B.K.SUDHAKARA S/O B.S.KRISHNA NAIK AGED ABOUT 46 YEARS R/A PADUBAILU SRINGERI TALUK CHICKMAGALURU – 577 139 3. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY SHANKAR MUTT ROAD SHIVAMOGGA – 577 201 ... RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.06.2016 PASSED IN MVC NO.170/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & JUDICIAL MAGISTRATE FIRST CLASS AT THIRTHAHALLI, 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 third respondent – National 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 third respondent- insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the third respondent-insurance company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 KLV Sd/- MEMBER