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.1898/2018 (Lok Adalath No.73/2019) BETWEEN:
SRI. UDAY S KUMAR @ UDAYKUMAR S/O M. SHIVAKUMAR AGED ABOUT 13 YEARS SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN AND NEXT FRIEND, FATHER.
SRI. SHIVAKUMAR S/O MUDAPPA @ MOODIAPPA AGED ABOUT 47 YEARS R/O JYOTHINAGARA, SIRA TOWN SIRA TALUK – 572 137 TUMAKURU DISTRICT.
... APPELLANT (BY SRI. V.B. SIDDARAMAIAH., ADVOCATE) AND:
1. THE NATIONAL INSURANCE CO. LTD., ABOVE CORPORATION BANK BEHIND KRISHNA TALKIES M.G. ROAD, TUMAKURU – 5 72 101 REPRESENTED BY BRANCH MANAGER 2. SRI. KONAPPA S/O GOVINDAPPA AGED ABOUT 44 YEARS R/O HULIGERE GOLLARAHATTI MADAPURA POST SIRA TOWN – 572 137 TUMAKURU DISTRICT. ... RESPONDENTS (BY SRI. A.M. VENKATESH., ADVOCATE FOR R-1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.03.2017 PASSED IN MVC NO.1669/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT, SIRA, 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 21.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the 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 ` 80,000/- (Rupees Eighty 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. Entire amount shall be released in favour of appellant on proper identification.
3. 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. 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 sp*