HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. A.M. VENKATESH, MEMBER M.F.A.No. 9246/2015 (MV) (Lok Adalat No. 2048/2017) BETWEEN:
Smt. Tilagamani W/o Kanakaraju, Aged about 33 years, R/at C/o Karunakumar, HMT Main Road, Gokul, Mathikere, Bangalore-560 054, Permanent Address:
R/at Maradiyur, Koppa P.O., Haranahalli Hobli, Periyapatna Tq., Mysore District. ... APPELLANT (By Sri. K.T. Gurudeva Prasad, Advocate) AND 1. Bharti AXA General Insurance 1st Floor, “Ferns Icon”, Survey No.28, Doddanakundi, Outer Ring Road, Bangalore – 560 037.
2. Mr. K.A. Mohammed S/o Ali Moosa, R/at Kunjila Village, Kakkabe Post, Madikeri Taluk, Kodagu Dist.-571 212. ... RESPONDENTS (By Sri. B. Pradeep, Advocate for R-1, Sri. B.S. Sachin, Advocate for R-2) MFA FILED U/S 173 (1) OF THE MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.10.2015 PASSED IN M.V.C. NO.3105/2014 ON THE FILE OF THE XVI ADDL. JUDGE, COURT OF SMALL CAUSES AND 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 – Bharti AXA 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. 1,50,000/- (Rupees One Lakh 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. Out of the enhanced compensation amount, a sum of Rs.50,000/- 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