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.291/2019 (MV) (Lok Adalat No.959/2019) BETWEEN VENKATESH S/O LATE VENKATARAMANAPPA AGED ABOUT 50 YEARS R/O. C/O. NAGARAJ NO.173, 6TH CROSS, GEDDALAHALLI RMV 2ND STAGE SANJAYANAGAR POST BENGALURU – 560 094 ... APPELLANT (BY SRI VIJAY KUMAR T., ADVOCATE) AND 1. THE MANAGER NATIONAL INSURNACE CO. LTD., REGIONAL OFFICE, SHUBHARAM COMPLEX 2ND FLOOR, NO.144, M.G.ROAD BENGALURU – 560 001 2. SRI KARTHIK S. S/O. SUBRAMANI S.
MAJOR R/O GOLDEN ARCH APARTMENTS 4TH CROSS, NEAR SUBHAS MEDICALS ARAKERE, BHANNERGHATTA ROAD BENGALURU – 560 076 ... RESPONDENTS (SRI A.M.VENKATESH, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.08.2018 PASSED IN MVC NO.2494/2014 ON THE FILE OF THE SMALL CAUSES AND MACT, BENGALURU, 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 first 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 first respondent- insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.5,00,000/- (Rupees Five Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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, 70% shall be released in favour of the appellant – claimant, on proper identification and remaining 30% shall be kept in fixed deposit in any Nationalised or Scheduled Bank for a period of three 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