HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI ARVIND KAMATH, MEMBER M.F.A.No. 4522/2018 (MV) (Lok Adalat No. 226/2019) BETWEEN Sri S. Anil Kumar S/o K. Seenappa, Aged about 32 years, R/at. No.119/2061, Nehru Extension, Malur Town, Kolar District – 563 130. ... Appellant (By Sri Kailas Shankar P.S., Advocate) AND 1. Sri Ananda Shetty, S/o Krishna Shetty, Aged in major, r/at. Nallandahalli Village, Thoralakki Post, Malur Taluk, Kolar District – 563 130.
2. The National Ins. Co. Ltd., Motor Claims Hub No.144, 2nd Floor, Shubharam Complex, M.G.Road, Bengaluru – 560 001. ... Respondents (By Sri A. Ravishankar, Advocate for R-2, Notice to R.1-d/w. v/o. dated 17.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2017 PASSED IN MVC NO. 5573/2016 ON THE FILE OF THE II ADDL. JUDGE AND XXVIII ADDL. SCJ AND M.A.C.T, BENGALURU, PARTLY 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 Appellant/Claimant and the learned Counsel for the Respondent – National 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 compensation of Rs. 1,00,000/- (Rupees One lakh 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/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 Mkm