HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 370/2016 (MV) (Lok Adalat No. 776/2017) BETWEEN Sri. Thammegowda S/o Doddegowda, Aged about 42 years, Resident of Halasinahalli Village, Doddasomanahalli Post, K.R. Pete Taluk – 571 426, Mandya District.
Present Address :
C/o Swamygowda, Opp. Anjaneyaswamy Temple, Aduvalli Extension, Hassan – 573 201, Hassan District. ... APPELLANT (By Sri. Chethan B., Advocate) AND 1. Sri. Mahendra S/o Annegowda, Major, Resident of Kadalu Village, Alur Taluk – 573 213, Hassan District.
2. The Manager, Shriram General Insurance Co. Ltd., 1000-EB, Industrial Area, Seethapura, Jaipur, Rajasthan State.
Represented by :
Shriram General Insurance Co. Ltd., 2nd Floor, Monarch Chamber, Infantry Road, Bangalore-560 001. ... RESPONDENTS (By Sri. H.N. Keshava Prashanth, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2015 PASSED IN MVC NO. 115/2013 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT-II, HASSAN, 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 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. 2,50,000/- (Rupees Two Lakhs 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 of Rs.2,50,000/-, a sum of Rs.1,00,000/- 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.1,50,000/- 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 Sd/- MEMBER Rbv