HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.8484/2014 (Lok Adalath No.1513/2016) BETWEEN:
SRI. SUDEEP S/O. MUNISWAMY AGED ABOUT 12 YEARS, STUDENT, APPELLANT IS A MINOR REP. BY HIS NATURAL GUARDIAN I.E., HIS FATHER H.N. MUNISWAMY, AGED ABOUT 42 YEARS, R/AT HULUGALAKUNTE VILLAGE, HIRIYUR TALUK-572143 CHITRADURGA DISTRCIT.
...APPELLANT (BY SRI.SHESHADRI S, ADVOCATE) AND:
1. MANJUNATHA S/O. VEERAKYATHAPPA MAJOR, R.C.OWNER OF BAJAJ DISCOVER MOTORBIKE, BEARING REGN. NO.KA-06 EA-4178, R/AT HULUGALAKUNTE, HIRIYUR TALUK-572 143 CHITRADURGA DISTRICT.
2. THE BRANCH MANAGER THE NATIONAL INSURANCE CO. LTD. 1ST FLOOR, B.M.COMPLEX, LAKSHMI BAZAAR, CHITRADURGA-577 501 …RESPONDENTS (BY SRI.DHIRAJ KUMAR, ADVOCATE FOR R-2; R-1 SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2014 PASSED IN MVC NO. 201/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 01.04.2016, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for the appellant and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of ` 25,000/- (Rupees Twenty 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. Entire award amount shall be released in favour of appellant on proper identification.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER DR