HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE S.G. PANDIT & SRI. N.DINESH RAO, MEMBER BETWEEN Sri. Nagaraju. M, S/o. Mohan. D, Aged about 26 years, M.F.A.No. 5453/2018 (MV) (Lok Adalat No. 2699/2018) R/at. Mathrushree Nilaya, 2nd Cross, Banashankari, 2nd Stage, Kumataiah Extension, Tumakuru City. ... Appellant (By Sri. Sathisha T, Advocate) AND 1. Sri. Ramanagowda Babugowda Biradar, S/o. Babugowda, Aged about 42 years, R/o. A/P Ward No. 03, Kanamadi, Vijayapura Taluk & District-586101. (Owner of the Vehicle TATA Canter Lorry Bearing Reg. No. KA-28-A-7106) 2. The Manager, The New India Assurance Co. Ltd., Branch Office, Upstairs, Opp: Ramamandir, K.R.Road, K.R/Extension, Tumakuru City. Now represented by:
The Regional Manager, The New India Assurance Co. Ltd., Regional Office, No.9, 2nd Floor, Mahalakshmi Chamber, M.G.Road, Bengaluru-560001. ….Respondents (By Smt. Y.Aruna, Advocate for R.2; Notice to R.1 d/w v/o dt: 13.12.2018 ) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2017 PASSED IN MVC NO.112/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant - claimant and the learned Counsel for the Respondent – New India Assurance Company Limited along with its representative 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 lump sum of Rs.90,000/- (Rupees Ninety 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. 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 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 Sd/- MEMBER RB