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.5386/2018 (Lok Adalat No.145/2019) BETWEEN:
SRI. N.C. ARYAN S/O CHANDRASHEKAR 21 YEARS, R/AT NO. 43 2ND MAIN ROAD, 1ST CROSS SBI OFFICERS COLONY BASAVESHWARANAGARA BENGALURU - 560 079. ... APPELLANT (BY SMT. SHARADAMBA A.R., ADVOCATE) AND:
1. THE MANAGING DIRECTOR SHIVAMOGGA MILK UNION LIMITED, MANCHENAHALLI SHIVAMOGGA - 22.
2. THE MANAGER NATIONAL INSURANCE COMPANY LTD., T.P. HUB NO.144M SHUBHARAM COMPLEX, M.G. ROAD BENGALURU - 560 001. ... RESPONDENTS (BY SRI. B.C. SEETHARAMA RAO., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.04.2018, PASSED IN MVC NO.4417/2016, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE & MACT, (SCCH-17), BENGALURU, 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 29.01.2019 , THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellant and the representative of Respondent-Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled.
The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a global compensation of ` 1,25,000/- (Rupees One Lakh Twenty 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. Said amount shall be released in favour of appellant on proper identification.
3. The 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 Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER *sp