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 S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.6318/2016 (MV) (Lok Adalat No. 893/2019) BETWEEN:
SRI NANDAN S/O NAGARAJA AGED ABOUT 19 YEARS R/AT NO.1456, 12TH CROSS, 2ND PHASE CHANDRA LAYOUT, BANGALORE-40 PRESENTLY RESIDING AT NO.730/3, 7TH CROSS, GANGONDANAHALLI BASAVARAJA BUILDING NEAR GANESH TEMPLE NAYANDAHALLI, PANTHARAPALYA BANGALORE-39 ... APPELLANT (BY SRI. R.LAKSHMANA, ADVOCATE) AND:
1. M/S UNITED INDIA INSURANCE CO. LTD. BY ITS MANAGER REGIONAL OFFICE, T.P.HUB 6TH FLOOR, KRUSHIBHAVANA HUDSON CIRCLE NRUPATHUNGA ROAD BANGALORE-560 009 2. SRI NARASIMHALU S/O NARASAPPA MAJOR, NO.274, 10TH MAIN V.S.GARDEN, JAGAJEEVANA RAO NAGAR BANGALORE-560 026 AND ALSO AT NO.134/1, 15TH MAIN 19TH CROSS, V.S.GARDEN JAGAJEEVANA RAO NAGAR BANGALORE-560 026 ... RESPONDENTS (BY SRI Y.ARUNA , ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2016 PASSED IN MVC NO. 1074/2015 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU, 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 first Respondent – United India 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 first respondent- insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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.50,000/- shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant- claimant for a period of three years and he is entitled to withdraw the accrued interest periodically and remaining amount of Rs.1,20,000/- shall be released in his favour, 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 NR/-