HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.774/2019 (MV) (Lok Adalat No.2404/2019) BETWEEN:
SRIKANTH N S/O LATE NARASIMHAIAH AGED ABOUT 29 YEARS R/AT PADARHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK & DISTRICT-562 159. ... APPELLANT (BY SRI SHANTHARAJ.K., ADVOCATE) AND:
1. KANAKA S/O RAMASWAMY AGED MAJOR RESIDING AT NO.71, RAYARA DODDI, RAMANAGARA TOWN-562 159.
2. SUNIL KUMAR S/O RAMASWAMY AGED MAJOR R/AT WARD NO.27, VIVEKANANDANAGAR, BEHIND GOVERNMENT ITI COLLEGE, RAMANAGARA TOWN-562 159 3. THE UNITED INDIA INS.CO. LTD. BY ITS MANAGER PVR COMPLEX, OPP LIC BUILDING, BEHIND KSRTC BUS STAND, RAMANAGARA TOWN-562 159. ... RESPONDENTS (BY SRI K.KRISHNA KISHORE, ADVOCAET FOR R3; NOTICE TO R1 & 2 IS D/W V/O DTD: 07.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.10.2018 PASSED IN MVC NO.2905/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & XX ACMM & MEMBER MACT, BENGALURU, [SCCH-24], 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 third 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 third respondent- insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the third respondent-insurance company has agreed to pay a lump-sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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, 25% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued interest periodically and remaining 75% shall be released in his favour, 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 NR/-