HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 4281/2014 (MV) (Lok Adalat No. 5796/2016) BETWEEN Sri. Papanna S/o Rangaiah, Aged about 26 years, R/at Ragavapura Village, Gundlupet Taluk, Mysore Dist. ... APPELLANT (By Sri. H.V. Bhanu Prakash, Advocate) AND 1. Sri. Rakesh B.S. S/o Srinivasa, Aged about 36 years, Residing at No.1370, E & F Block, 1st Cross, Ramakrishna Nagar, Mysore – 570 020, (Owner of the Tempo Traveler bearing Reg. No.KA-51/A-3137).
2. The Divisional Manager, Cholamandalam MS General Insurance Co. Ltd., D.O. No.134/5, 2nd Floor, 15th Cross, 3rd Phase, J.P. Nagar, Bangalore, (Insurer of the Tempo Traveler bearing Reg. No.KA-51/A-3137), Policy No.3373/00352266/000/00, valid from 11.10.2011 to 10.10.2012. ... RESPONDENTS (By Sri. B. Pradeep, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 21.01.2015) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.02.2014 PASSED IN MVC NO. 331/2013 ON THE FILE OF THE V ADDL. DISTRICT JUDGE AND MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – Cholamandalam MS General 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 sum of Rs. 1,80,000/- (Rupees One Lakh Eighty 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 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 Rbv