HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE L. NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A.No. 382/2017 (MV) (Lok Adalat No. 5802/2017) BETWEEN Sri Sivakumarachari S/o Lakshmanachari, Aged about 32 years, R/at Mahakaleshwari Badavane, Shanthi Nagar, Pandavapura Town, Pandapura Taluk, Mandya District-571 434. ... Appellant (By Sri K.S. Narayana Swamy, Advocate) AND 1. Suresha B.M. S/o Marigowda, Major in age, No.99, ‘E’ First School Road, Bhadra Colony, Bhadravathi Taluk, Shivamogga District.
2. The Manager, Shriram General Ins. Co. Ltd., 2nd Floor, Monark Chamber, Opp. Incentary Hall, Incentary Road, Bangalore – 560 001. ... Respondents (By Sri B.Pradeep, Advocate for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2016 PASSED IN MVC NO. 1628/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AND MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, 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 – Shriram General Insurance Company Limited 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. 1,50,000/- (Rupees One Lakh Fifty 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. Out of the enhanced compensation amount, a sum of Rs.50,000/- shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,00,000/- shall be released in favour of the appellant, 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 Mkm/Rbv Sd/- MEMBER