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 MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.2399/2016 (MV) (Lok Adalat No.667/2019) BETWEEN:
SRI MANJUNATHA, S/O. LAKSHMANA MUDAREDDY, AGED ABOUT 32 YEARS, FOREST GUARD, MAGUNDI, N.R.PURA TALUK, R/O. AVARADI, RAMADURGA TALUK, BELGAUM DISTRICT – 590 001.
(BY SRI VINOD GOWDA, ADVOCATE) AND:
1. SRI H.N.MOHAN, S/O. SRI NAGAIAH, AGED ABOUT 24 YEARS, … APPELLANT R/O. KAREKUDIGE, EDIKUNI VILLAGE, KALASA HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT – 577 101.
2. SRI B.N.GURUDEV, S/O. SRI B.N.NARAYANA GOWDA, R/O. KEREKOOL ESTATE, BALIGE VILLAGE, SUNKASALE POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT – 577 101.
3. THE MANAGER, THE NEW INDIA ASSURANCE CO., LTD., SULTANAZ, K.T.STREET, CHIKKAMAGALURU – 577 101.
… RESPONDENTS (BY SRI D.S.SRIDHAR, ADVOCATE FOR R3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.12.2015 PASSED IN MVC NO.480/2013 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE & MACT, CHIKKAMAGALURU, 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 - New India Assurance 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 global compensation of Rs.6,65,000/- (Rupees Six Lakhs Sixty Five Thousand 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. Out of the enhanced compensation amount, Rs. 2,50,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant-claimant for a period of five years and he is entitled to withdraw the accrued interest periodically and the remaining amount of Rs.4,15,000/- 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 HB/-