Karnataka High Court
Sri S Ramakrishna vs The New India Assurance Co Ltd on 16 January, 2017
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2017
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE B. VEERAPPA
&
SMT. SAYEEDUNNISA, MEMBER
M.F.A.No. 4302/2016 (MV)
(Lok Adalat No. 5355/2016)
BETWEEN
Sri. S. Ramakrishna
S/o Shivanna,
Aged about 25 years,
R/o Kalidasa Nagar,
Sira Town, Sira Taluk-572 137,
Tumkur District. ... APPELLANT
(By Sri. V.B. Siddaramaiah, Advocate)
AND
1. The New India Assurance Co. Ltd.,
Opp. Rama Mandira Temple,
General Kariyappa Road, 1st Floor,
(Bar Line Road), K.R. Extension,
Tumkur - 572 101,
Represented by its Branch Manager.
2. Sri. Babu S/o Abudi Munaff,
C/o Tajamu, A/a 42 years,
R/o 4th Main, 8th Cross,
2
Sadashivanagara - 572 105,
Tumkur Taluk & District. ... RESPONDENTS
(By Sri. A.M. Venkatesh, Advocate for R-1, Notice to R-2 - d/w v.c.o. dated 10.11.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2015 PASSED IN MVC NO. 908/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, SIRA, 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 - New India Assurance 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. 1,00,000/- (Rupees One Lakh 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
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. The entire enhanced compensation amount 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