HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 374/2013 (MV) (Lok Adalat No. 238/2017) BETWEEN Sri. Tajpeer S/o Late Imma Sab, Aged about 55 years, Occ: Agriculturist, Avaragere Village, Davanagere. ... APPELLANT (By Sri. Maruthi G.B., Advocate) AND 1. Sri. Vasanth Patil S/o Vaman, Aged about 38 years, Driver and Owner of the vehicle bearing Reg. No.GA-05/B-3525, Haveli, E-8-1, Curti, Ponda, Ponda North Goa, Goa-403 401.
2. The Divisional Manager, National Insurance Co. Ltd., Nilgeri Plaza, Dental College Road, Davanagere-577 001. ... RESPONDENTS (By Sri. A.M. Venkatesh, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.07.2012 PASSED IN MVC NO. 46/2012 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND MACT-V, DAVANAGERE, 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 – 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 sum of Rs. 2,10,000/- (Rupees Two Lakhs Ten 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, 50% 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 50% 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 Rbv Sd/- MEMBER