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:
BETWEEN:
THE HON’BLE MR. JUSTICE B VEERAPPA & SRI M N UMASHANKAR, MEMBER M.F.A.No.9065/2017 (MV) (Lok Adalat No.176/2019) SRI. VIJAY KUMAR GOWDA S/O NARAYANA GOWDA AGED ABOUT 36 YEARS R/O KANNADKA MANE SULYAPADAVU POST PADUVANNUR VILLAGE PUTTUR TALUK, D.K. DISTRICT-570101.
(BY SRI. K. PRASANNA SHETTY, ADV.) AND:
1. SRI RAJEEVA SHETTY S/O GOVINDA SHETTY AGED MAJOR R/O BIJRI HOUSE KARKUNJE VILLAGE & POST KUNDAPURA TALUK UDUPI DISTRICT-576 201.
2. THE UNITED INDIA INSURANCE CO. LTD., ... APPELLANT REP. BY ITS BRANCH MANAGER BRANCH OFFICE. KUNDAPURA- 575301.
(BY SRI. RAVISH BENNI, ADV. FOR R2;
... RESPONDENTS V/O DATED 05.02.2019 NOTICE TO R1 DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.01.2017 PASSED IN MVC NO.1003/2013 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA) KUNDAPURA, 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 lump-sum of Rs.40,000/- (Rupees Forty 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. The entire enhanced compensation amount shall be released in favour of the appellant – claimant, 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 MBM