HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 7576/2015 (MV) (Lok Adalat No. 1109/2017) BETWEEN SRI SHREEMAN KUMARA S S/O SHIVANNEGOWDA AGED 31 YEARS R/AT DOOR NO 23, 2ND FLOOR 4TH CROSS, KALIDASA LAYOUT SRINAGAR, BANGALORE - 560050 PERMANENTLY RESIDING AT M SHETTAHALLY, MELKOTE HOBLI PANDAVAPURA TALUK MANDYA DISTRICT - 571434 ... APPELLANT (BY SRI.V.N. MADHAVA REDDY, ADV.) AND 1. SRI CHANDRASHEKAR S, 41 YEARS S/O SIDDARAJU OCC DRIVER R/AT BRINDAVAN EXTN KUVEMPU HIGH SCHOOL QUARTERS NEAR GANAPATH TEMPLE V V MOHALLA MYSORE – 570020.
2. DR MANOHAR BASAVARAJU S/O BASAVARAJU GUJARAPPA AGED ABOUT 31 YEARS C/O DEEPASHRI HOSPITAL NO 57, 18TH CROSS NEAR INNER RING ROAD UNDERPASS MALAGALA NAGARABHAVI 2ND STAGE BANGALORE – 560072.
3. THE DIVISIONAL MANAGER THE RELIANCE GENERAL INSURANCE CO LTD S M TOWER, II FLOOR, 11TH MAIN III BLOCK, JAYANAGAR, BANGALORE.
(BY SRI. H.S.LINGARAJU, ADV. FOR R3, NOTICE TO R1 & R2 IS D/W V/O DATED:20.11.2015) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.3.2015 PASSED IN MVC NO.4102/2013 ON THE FILE OF THE 18TH ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, 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 claimant-appellant and the learned Counsel for the Respondent – Reliance 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 lump-sum of Rs. 2,75,000/- (Rupees Two Lakhs Seventy 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 – 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal.
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 BVK