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.198/2017 (MV) (Lok Adalat No.748/2018) BETWEEN SRI RANGASWAMY S. @ RAJU S/O SIDDAPPA AGED ABOUT 32 YEARS R/AT NO.784, 2ND CROSS 2ND MAIN, SHANESHWARA TEMPLE ROAD RAJAGOPALANAGARA PEENYA 2ND STAGE BENGALURU – 560 058 ... APPELLANT (BY SRI SHIVAKUMAR P., ADVOCATE) AND 1. THE NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE SUBHARAM COMPLEX M.G.ROAD BENGALURU – 560 001 REP. BY ITS MANAGER 2. M/S. JINDAL ALUMINIUM CO. LTD. JINDAL NAGAR TUMKUR ROAD BENGALURU – 560 073 …RESPONDENTS (BY SRI E.I.SANMATHI, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.08.2015 PASSED IN MVC NO.3997/2013 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE & XXI ACMM, MACT, BENGALURU (SCCH-25) 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 lump-sum of Rs.57,000/- (Rupees Fifty Seven 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