HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI ARVIND KAMATH, MEMBER M.F.A.No. 8410/2013 (MV) (Lok Adalat No. 2184/2017) BETWEEN Sri Nandeesh @ Nandeeshappa, S/o Ramappa, Aged about 32 years, r/at. Begli Benajenahalli, Kasaba Hobli, Kolar Taluk & also No.3, 7th ‘A’ Main Road, T.R. Nagar, Bangalore – 88. ... Appellant (By Smt. Suguna R. Reddy, Advocate) AND 1. Sri P. Narashima Reddy, S/o M. Chikkabeerappa, Major in age, R/at. 4th Main, 1st Cross, P.C. Extension, Kolar – 563 101.
2. The Branch Manager, National Ins. Co. Ltd., Old Extension, near Doom light Circle, Kolar – 563 101.
3. The Regional Office Manager, National Ins. Co. Ltd., No.114, Shubharam Complex, M.G.Road, Bangalore – 01. ... Respondents (By Sri Shivaraj Patil, Advocate for R-2 & 3, Notice to R.1-d/w. v/o. dated 25.04.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2013 PASSED IN MVC NO. 1857/2011 ON THE FILE OF THE MEMBER, M.A.C.T., & COURT OF SMALL CAUSES, BANGALORE, 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 – National Insurance Co. Ltd. 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 global compensation of Rs. 3,00,000/- (Rupees Three Lakh 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. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any Nationalized / Schedule Bank in the name of the appellant for a period of three years with a liberty to draw the accrued interest periodically. Remaining 50% 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 Mkm Sd/- MEMBER