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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.4561/2012 (MV) (Lok Adalat No.904/2016) BETWEEN SUKAVINDAR SINGH S/O BALADEV SINGH SINCE MENTALLY RETARDED (UNSOUND MIND) REP. BY HIS NEXT FRIEND WIFE SMT KAMALESH DEVI W/O SUKAVINDAR SINGH AGED ABOUT 37 YEARS R/O JATWAR VILLAGE AND POST – 134 201 NARAYANGARH TALUK – 134 203 AMBALA DISTRICT – 133 001 HARYANA STATE ... APPELLANT (BY SRI YATHISH J.NADIG, ADVOCATE) AND 1. K.M.SHIVAKUMAR S/O MANJAPPA NALLUR R/O HIREKOGALUR VILLAGE & POST CHANNAGIRI TALUK – 577 213 DAVANAGERE DISTRICT (DRIVER OF TRACTOR TRAILER BEARING REG.NO.KA 17 TA 3034 AND 3035) 2. ESHWARAPPA S/O GURUPADAPPA AGRICULTURIST R/O HIREKOGALUR VILLAGE & POST CHANNAGIRI TALUK – 577 213 DAVANAGERE DISTRICT (OWNER OF TRACTOR TRAILER BEARING REG.NO.KA 17 TA 3034 AND 3035) 3. NATIONAL INSURANCE CO. LTD. REP. BY ITS MANAGER DIVISIONAL OFFICE MELGIRI PLAZA, M.C.C. ‘B’ BLOCK DENTAL COLLEGE ROAD DAVANAGERE – 577 002 …RESPONDENTS (BY SRI A.NKRISHNASWAMY, ADVOCATE FOR R3; NOTICE TO R1 & R2 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2011 PASSED IN MVC NO.7/2010 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, DAVANAGERE, 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 – National 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.4,00,000/- (Rupees Four Lakhs 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, 50% shall be released in favour of the appellant – claimant, on proper identification and remaining 50% shall be kept in fixed deposit in any Nationalised or Scheduled Bank for a period of five years in the name of the appellant with a liberty to draw the accrued interest periodically.
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 KLV Sd/- MEMBER