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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.5847/2017 (MV) (Lok Adalat No.940/2019) BETWEEN SRI PEDDAREDDAPPA @ PEDDA REDDY S/O LATE NARAYANAREDY AGED ABOUT 49 YEARS PERMANENTLY R/AT KOPPAVARAPALLI VILLAGE PATHANELAVANKLI POST SRINIVASPURA TALUK KOLAR DISTRICT – 563 135 TEMPORARILY R/AT NO.94/1, 1ST FLOOR, 3RD CROSS KRISHNA FLOOR MILL GUDDADAHALLI MAIN ROAD, HEBBALA BENGALURU – 560 032 ... APPELLANT (BY SRI JAGADISH G.KUMBAR ADVOCATE) AND 1. THE MANAGER NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE, SHUBARAM COMPLEX M.G.ROAD BENGALURU – 560 001 2. G.S.JAGIR HUSSAIN S/O SHAIK ABDUL KAPOOR AGED ABOUT 51 YEARS R/AT NO.3/25-A, THIRU NAGARA COLONAY, KARUVEPPATTY POST THIRUCHANAGUDI NAMKKAL DISTRICT TAMIL NADU – 637 304 ... RESPONDENTS (BY SMT H.R.RENUKA, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.04.2017, PASSED IN MVC NO.2333/2016, ON THE FILE OF THE COURT OF SMALL CAUSES AND MOTOR ACCIDENT CLAIM TRIBUNAL, 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 – National 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 global compensation of Rs.45,000/- (Rupees Forty Five 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. The entire enhanced compensation 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 Sd/- MEMBER KLV