HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE MEGA LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14th DAY OF AUGUST, 2021

CONCILIATORS PRESENT:

THE HON'BLE MRS.JUSTICE S.SUJATHA

&

SMT.MANJULA N. TEJASWI., MEMBER

M.F.A.No. 3124/2019 (MV) (Lok Adalat No.625/2021)

BETWEEN

Munavar S/o Shafiulla, Aged about 36 years, R/o Turchagatta Village, Davanagere Taluk-577 001. ... Appellant

(By Sri. R. Shashidhara, Advocate)

AND

• 1. Madhu S/o Haleshappa, Aged about 28 years, R/o Kanivebilchi Village, Channagiri Taluk-577 213, Davanagere District, Driver of Bus bearing No.AK-17/B-0445.
• 2. Sudha K.R. W/o A.M. Gangadhar, Tank Bund Road, Joseph Nagar,

Shivamogga, Owner of Bus Bearing No.KA-17/B-0445.

3. The Divisional Manager, The Oriental Insurance Co. Ltd., Thiluvalli Complex, 1st Floor, P.B. Road, Near Aruna Talkies, Davanagere – 577 001. ... Respondents

(By Sri. C.R. Ravishankar, Advocate for R-3)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2018 PASSED IN MVC NO. 749/2017 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE & JMFC AND VI MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the appellant – claimant is present through video conferencing/Physical Hearing. The learned Counsel appearing for the Respondent – Insurance Company 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/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellant – claimant has agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand only) in addition to what has been awarded by the Claims Tribunal, in full and final settlement of the claim.

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 to be deposited by the Insurance Company, Rs.25,000/- is directed to be invested in Fixed Deposit in the name of the appellant/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw interest periodically. The remaining amount of Rs.1,50,000/- is ordered to be released in favour of the appellant/claimant.

5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the award accordingly.

Sd/- JUDGE

Sd/- MEMBER

NC.