HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.2725/2018 (MV) (Lok Adalat No.3707/2019) BETWEEN:
Yogesha D.A. S/o Annaswami, Aged about 35 years, Resident of Doddamallenahalli Village, Shanthigrama Hobli, Hassan Taluk, Hassan District – 573 201. (By Sri.Chethan B., Advocate) AND:
1. Madhu B.J.
S/o Javaregowda, Major, r/o Door No.268, Hoysala Nagar, Beeranahalli Kere, Raghavendra Colony, 1st Cross, Hassan-573 201.
...Appellant 2. The Manager, United India Insurance Co. Ltd., Division Office, Venkateshwara Building, B.M.Road, Hassan – 573 201.
(By Smt.Y.Aruna, Advocate for R2) ...Respondents This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 17.01.2018 passed in MVC No.755/2017 on the file of the 5th Additional District and Sessions Judge, Additional MACT, Hassan, 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 second Respondent –United India 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 second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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% of the amount may be released in favour of the appellant-claimant on proper identification and acknowledgement and remaining 50% may be deposited in the name of the appellant-claimant in any Nationalized Bank for a period of two years and he is permitted to draw the accrued interest as and when it is accrued.
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 AP/-