Karnataka High Court
Sri. Kumaraswamy vs Sri. I. Aasaithambi on 20 December, 2018
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2018
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE H.P. SANDESH
&
SMT. M. JYOTHI, MEMBER
M.F.A.No.1025/2018 (MV)
(Lok Adalat No.2538/2018)
BETWEEN
Sri. Kumaraswamy,
S/o Mudlappa,
Aged about 32 years,
R/at Hosapalya Village,
Kallipalya Majare,
Kasaba Hobli,
Gubbi Taluk - 572 216. ... Appellant
(By Sri. Sathisha. T, Advocate)
AND
1. Sri. I. Aasaithambi,
S/o Iyyamperumal,
Aged about 72 years,
R/of 6/1078, E.B. Colony,
Paramathi Road,
Namakkal - 637 001.
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2. The National Insurance Co. Ltd.,
Branch Office,
Kasturi Mansion,
Above Corporation Bank,
Behind Krishna Talkies,
M.G. Road, Tumkur Town,
The Regional Manager,
National Insurance Co. Ltd.,
No.144, 2nd Floor,
Shubharam Complex,
M.G. Road,
Bengaluru - 560 001. ...Respondents
(By Sri. Venkatesh. R. Bhagat, Advocate for R.2; Notice to R.1 d/w, v/o dt: 27.03.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2017 PASSED IN MVC NO.716/2014 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant - Claimant and the learned Counsel for the Respondent - National Insurance Company Limited along with its representative are present.
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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.30,000/- (Rupees Thirty 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. The entire enhanced compensation amount shall be released in favour of the Appellant - Claimant, 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 LL