HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.2485/2018 (MV) (Lok Adalat No.3713/2019) BETWEEN:
Sri. V.Suresh, S/o Venkatasubbanna, Aged about 22 years, R/at Venkatarayanakote village, Munganahalli Hobli, Chintamani Taluk, Chikkaballapur District-563106. ...Appellant (By Sri.Vishwanath.K., Advocate) AND:
1. V.Nagesh, S/o V Venkataramanappa SLN Motors Raguttahalli Chintamani Taluk Chikkaballapur District-563106. (Owner of the bus bearing Reg. No.KA-40-8696) 2. M/s United India Insurance Co. Ltd., 6th Floor Krushi Bhavan, Opp: to Hudson Church, Hudson Circle, Bengaluru-560002. ...Respondents (By Sri.S.Krishna Khisore, Advocate for R2;) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 22.08.2017 passed in MVC No.5340/2016 on the file of the VII Additional Small Causes Judge and XXXII ACMM Member, MACT-3, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for conciliation before Lok Adalat, the following conciliation order is passed:
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the second Respondent –United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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, Rs.1,00,000/- is to be deposited in any nationalized Bank in the name of the appellant- claimant and he is permitted to draw the accrued interest and remaining amount of Rs.1,30,000/- shall be released in favour of the appellant – claimant, on proper identification and acknowledgment.
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 AP/-