HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. ARVIND KAMATH, MEMBER M.F.A.No. 7047/2012 (MV) (Lok Adalat No. 2426/2015) BETWEEN Thirumala Desai S/o Late Thimmaiah, Aged about 62 years, R/at C/o Rangappa H., Arkhavathi Nagara, Sheghehalli Gate, Magadi Main Road, Dasarapura (H), Bangalore North Dist.-562 130. ... APPELLANT (By Sri. Shripad V. Shastri & Sri. K.V. Naik, Advocates) AND 1. Royal Sundaram General Insurance Co. Ltd., 1 & 2 Floors, Balaji Sovereign, No.132, Brigade Road, Bangalore-02, by its Manager.
2. Mr. S.L. Narasimha Murthy S/o Lakshmaiah, Major, R/at No.941-A, Vijayananda Nagar, Shanimahatma Temple Road, Nandini Layout, Bangalore-560 096. ... RESPONDENTS (By Sri. Ravi S. Samprathi, Advocate for R-1, Notice to R-2– d/w v.c.o. dated 16.06.2015) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2012 PASSED IN MVC NO. 4769/2010 ON THE FILE OF THE XX ADDL. JUDGE & XVIII ACMM AND MEMBER, MACT, BANGALORE, 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 claimant-appellant and the learned Counsel for the respondent – Royal Sundaram General Insurance Co. Ltd. along with its representative 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 of Rs. 1,65,000/- (Rupees One Lakh Sixty Five 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. Out of the enhanced compensation amount, a sum of Rs.65,000/- shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,00,000/- shall be released in favour of the appellant 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 Rbv