HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. PRADEEP, MEMBER M.F.A.No. 7195/2015 (MV) (Lok Adalat No. 3393/2017) BETWEEN Mr. Vishwanatha Samagara, S/o Late Rukmayya Samagara, Aged about 52 years, R/at 2-395, Gandhinagara, Laila Village, Belthangady Taluk, D.K. District-574 212. ... APPELLANT (By Sri. Ravishankar Shastry G., Advocate) AND 1. Mr. Vikesh S/o Saydappa, Aged about 22 years, R/at 60/2, Sikandarapura, Sikandarapura Village, Bidar, Bidar Taluk & District-585 401.
2. National Insurance Co. Ltd., 1st Floor, Shri Kshethra Dharmasthala Building, Main Road, Puttur, Represented by its Branch Office, The Divisional Manager, National Insurance Company Ltd., Bharat Building, II Floor, P.M. Rao Road, Mangalore, D.K. – 575 003. ... RESPONDENTS (By Smt. Manjula N. Tejaswi, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 31.07.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2015 PASSED IN MVC NO. 196/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALORE, D.K., 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 – National 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. 2,31,000/- (Rupees Two Lakhs Thirty One 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, 50% compensation 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 50% compensation 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