HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.7941/2017 (MV) (LOK ADALATH NO.6427/2017) BETWEEN:
SRI.NAVEEN KUMAR @ KRISHNE GOWDA S/O KAPINI GOWDA AGED ABOUT 30 YEARS, RESIDING AT:NO.31/2, 9TH CROSS, MARUTHINAGAR, ITTAMADU, BSK II STAGE, BENGALURU – 560 085 ... APPELLANT (BY SRI.GIRIMALLAIAH, ADV.) AND:
1. SHRIRAM GENERAL INSURANCE CO. LTD., NO.5/4, 3RD FLOOR, S V ARCADE BELEKAHALLI MAIN ROAD BILEKAHALLI OFF, B.D.ROAD IIM POST, BENGALURU – 560 076 BY ITS MANAGER 2. B G PRASANNA KUMAR MAJOR (AGE NOT KNOWN TO THE APPELLANT) S/O GOVINDAPPA R/O KUDURE BYALYA VILLAGE, GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT – 562 101 ... RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADV. FOR R1, NOTICE TO R-2 – D/W V.C.O. DATED 27.11.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.03.2017 PASSED IN MVC NO.5362/2015 ON THE FILE OF THE I ADDITIONAL JUDGE, MEMBER MACT COURT OF SMALL CAUSES, BANGALORE (SCCH- 11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 27.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – National Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.80,000/- (Rupees Eighty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The entire enhanced award amount shall be released in favour of the appellant, on proper identification.
Sd/- JUDGE Akd/Rbv Sd/- MEMBER