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 SMT. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.3287/2018 (Lok Adalat No.285/2019) BETWEEN:
SRI. MOHAN H.R.
S/O RAMACHANDRAPPA AGED ABOUT 25 YEARS R/AT HEBBALLI VILLAGE HOSADURGA TALUK-577527 CHITRADURGA DISTRICT.
(BY SRI. SIDDAPPA B.M., ADVOCATE) AND:
1. SRI. SHANTHAKUMAR S/O ANANDAPPA AGED ABOUT 35 YEARS OWNER OF MOTOR CYCLE BEARING NO.KA-16/EB-1288 PUNAJUR VILLAGE HOLALKERE TALUK-577526 ….APPELLANT CHITRADURGA DISTRICT.
2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., OPPOSITE BAPUJI AUDITORIUM MCC ‘B’ BLOCK DAVANAGERE-577001.
….RESPONDENTS (BY SRI.L SREEKANTA RAO, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.02.2017 PASSED IN MVC NO.156/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, HOSADURGA, 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 18.02.2019 THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the 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 `2,00,000/- (Rupees Two Lakhs 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. Out of the compensation awarded, `1,00,000/- shall be kept in a fixed deposit in any Nationalised Bank or Scheduled Bank of appellant’s choice for a period of three years and appellant is entitled to draw periodical interest. Balance amount of `1,00,000/- 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 RU