HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE RAVI MALIMATH AND SRI.PRABHULING K. NAVADGI, MEMBER MISCELLANEOUS FIRST APPEAL NO.508 of 2019 (MV - I) (LOK ADALAT NO.2820 of 2019) BETWEEN:
SRI. RAVI, SON OF SUBHASH, AGED ABOUT 30 YEARS, RESIDING AT CHIKKAYADAGODU VILLAGE, SORABA TALUK – 577 429, SHIVAMOGGA DISTRICT.
... APPELLANT (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE) AND:
1. BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED, VIVEKANANDA CORNER, DESAI CROSS, CLUB ROAD, HUBBALLI – 580 020.
REPRESENTED BY ITS BRANCH MANAGER.
2. THE MANAGING DIRECTOR, M/S. R.N.S. INFRASTRUCTURE LIMITED, 604B, MURUDESHWAR BHAVAN, UDYAMANAGAR, GOKUL ROAD, HUBBALLI – 580 020.
... RESPONDENTS (BY SRI. H.N.KESHAVA PRASHANTH, ADVOCATE FOR R1;
NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED 25.02.2019) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2018, PASSED IN MVC NO.417/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, SORABA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, 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 No.1 – M/s. Bajaj Allianz General Insurance Co. Ltd., along with its representatives are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent No.1 - Insurance Company has agreed to pay a lump-sum of Rs.35,000/- (Rupees Thirty-five 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 No.1 – 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 off 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 MH/-