HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.5680/2015(MV) (LOK ADALATH NO.1262/2017) BETWEEN:
SRI.SURESH KUMAR. N. S/O KONDAIAH, AGED ABOUT 26 YEARS, R/AT NO.15/3, 1ST FLOOR, 3RD CROSS, R.V.SHETTY LAYOUT SHESHADRIPURAM, BANGALORE - 20. ... APPELLANT (BY SMT.SUGUNA R REDDY, ADV.) AND:
1. SRI.MANJUNATHACHARI S/O NAGENDRACHARI MAJOR IN AGE, R/AT KEMPEGOWDA LAYOUT, LAGGARE, BANGALORE - 24.
2. THE BRANCH MANAGER BHARATHI AXA GENERAL INSURANCE CO. LTD PRIDE QUADA, NO.30, 2ND FLOOR, HEBBAL ROAD, BANGALORE - 24. ... RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R2, NOTICE TO R-1 – D/W V.C.O. DATED 31.01.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.01.2015 PASSED IN MVC NO.4267/2012 ON THE FILE OF THE 21ST ACMM, 23RD ADDITIONAL SMALL CAUSES JUDGE, MACT, 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 VIDE ORDER DATED 31.01.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – Bharti AXA General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The apportionment, deposit and release of the enhanced award amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv