HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. M.JYOTHI, MEMBER BETWEEN :
M.F.A.No. 2317/2013 [MV] (Lok Adalat No.387 /2017) 1. SRI NINGARAJU S/O LATE KUNNATTI BHOGAYYA AGED ABOUT 34 YEARS 2. JYOTHI W/O NINGARAJU AGED ABOUT 26 YEARS BOTH ARE R/AT YARIYUR VILLAGE YALNDNDUR TALUK CHAMARAJNAGAR DISTRICT – 571 441 (BY SRI. C P PUTTARAJ ADV.) ... APPELLANTS AND :
1. M NATESH AGED ABOUT 47 EYARS S/O MAHADEVAPPA R/AT BUDHITHITTU VILLAGE KUNAGALLI POST KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT 2. MALLIKARJUN S/O BASAVANNA MAJOR R/AT BUDHITHITTU VILLAGE KUNAGALLI POST KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT 3. DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD KOLLEGAL REPTD BY DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD., 3RD FLOOR BUILDING RAMAWAMY CIRCLE MYSORE – 570 001.
... RESPONDENTS ( BY SRI: GANGADHARA SANGOLLI, ADV., FOR R3; R1 & R2 ARE SERVED AND UNREPRESETNED) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 25.09.2012 PASSED IN MVC NO.610/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACT COURT – I & MEMBER ADDL. MACT, MYSORE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENASTION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the appellant - claimant and the learned counsel for the respondent – Insurance Co. 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 Co. has agreed to pay a lump-sum of Rs.2,00,000/- (Rupees Two lakhs 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 Co. 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
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 VBS/-