HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.4103/2018 (Lok Adalath No.162/2019) BETWEEN:
VINAY @ M.V. VINAYA S/O VENKATESHAREDDY AGED ABOUT 28 YEARS R/O MARADIHALLI VILLAGE NOW AT HOUSING BOARD COLONY, NEW RUDSHED CHITRADURGA – 577 501.
(BY SRI. SPOORTHY HEGDE N., ADVOCATE) AND:
1. M/S NATIONAL INSU. CO. LTD., BY ITS BRANCH MANAGER BRANCH OFFICE JAGALURU MAHALINGAPPA COMPLEX P.B. ROAD, CHITRADURGA - 577501 2. M. ANIL KUMAR S/O MARUTHI AGED ABOUT 26 YEARS OWNER OF MOTOR CYCLE ... APPELLANT NO.KA- 16 /ED - 2776 R/O MARADIHALLI VILLAGE HIRIYUR TQ, CHITRADURGA DISTRICT – 572 143.
... RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.04.2017 PASSED IN MVC NO.454/2016 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & 4TH MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 28.01.019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for appellant and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `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. Entire award amount shall be released in favour of appellant on proper identification.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sri.S.V.Hegde Mulkhand, learned counsel is permitted to file vakalathnama within four (4) weeks.
Sd/- JUDGE Sd/- MEMBER DR