HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 6911/2012 (MV) (Lok Adalat No. 4989/2017) BETWEEN:
Mr. Sundara Raju, Aged 60 years, S/o Malleswamy, Retd. Police Sub-Inspector, Door No.647, Janatha Colony, Yelawala, Mysore District-571 130. .. Appellant (By Sri. B.S. Nagaraj, Advocate) AND:
1. Mr. Venkatesh, Aged about 38 years, S/o Y.H. Gopala, No.363, Lokanayaka Nagara, Mysore (Owner of Bajaj CT 100 bearing Reg.No.KA-09/EF-9033).
2. Oriental Insurance Co. Ltd., Rep. by its Branch Manager, D.O.2, New Muslim Hostel Complex, I Main Road, Saraswathipuram, Mysore (Insurer of Bajaj CT 100 bearing Reg. No.KA-09/EF-9033).
3. Mr. Ravikumar V., Aged about 60 years, S/o Venkatesh, No.2555, 3rd Cross, K.G. Koppal, Mysore (Rider of Hero Honda CD 100 Reg. No.KA-09/U-2524).
4. Mr. B. Panduranga Sait, Aged about 52 years, S/o Mahabala Sait, No.1026, ‘G’ & ‘H’ Block, Panchamantra Road, Kuvempu Nagara, Mysore – 570 023, (Owner of Hero Honda CD 100 Reg. No.KA-09/U-2524).
5. New India Assurance Company Ltd., Rep. by its Branch Manager, No.2951, JLB Road, Chamundipuram, Mysore (Insurer of Hero Honda CD 100 Reg. No.KA-09/U-2524), Policy No.671006/31/09/01/00002644, Valid from 17.6.2008 to 16.6.2009. .. Respondents (By Sri. K. Sridhara, Advocate for R-2, Smt. Harini Shivanand, Advocate for R-5) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.11.2011 PASSED IN M.V.C. NO.89/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-IV AND ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – New India Assurance Company Ltd., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum compensation of Rs. 50,000/- (Rupees Fifty 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.
3. The 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 appellant on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv