HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.6688/2016(MV) (LOK ADALATH NO.375/2019) BETWEEN:
T.K.RAMESH S/O KENCHARANGAYA, AGED ABOUT 39 YEARS, NO.50, 3RD MAIN ROAD, DODDABETTAHALLI, VIDYARANYAPURA POST, BANGALORE - 560 097 (BY SRI.PUTTASWAMY.C., ADV.) AND:
1. THE MANAGING DIRECTOR KERALA ROAD TRANSPORT CORPORATION, SATELLITE BUS STAND, BAPUJINAGAR, MYSORE ROAD, BANGALORE – 560 026 (REPT BY: ASST. TRANSPORT OFFICER) ... APPELLANT 2. THE NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G.ROAD, BANGALORE – 01 ... RESPONDENTS (BY SRI.K.KISHOR KUMAR REDDY, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.04.2016 PASSED IN MVC NO.4673/2015 ON THE FILE OF THE XIX ADDITIONAL SCJ, MACT AND XLI ACMM, BANGALORE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 26.04.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.3,30,000/- (Rupees three lakhs thirty thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim and the claimant has agreed to receive the same. A joint memo has been filed to that extent.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. The apportionment of the enhanced amount shall be as per the award of the Tribunal. Registry to draw up the Award accordingly.
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ACTING CHIEF JUSTICE lnn Sd/- MEMBER