HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

BEFORE THE LOK ADALATH

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21st DAY OF FEBRUARY, 2016

CONCILIATORS PRESENT:

HON'BLE MR. JUSTICE L. NARAYANA SWAMY

AND

SRI. B. BOPANNA, MEMBER

Miscellaneous First Appeal No.7094/2012

(Lok Adalat No.572/2015)

BETWEEN

SRI LINGARAJU S/O DODDAIAH @ CHIKKADODDAIAH, AGED ABOUT 41 YEARS, R/A BAREDODDI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT. …APPELLANT

(By Sri. S. RAJU AND ASSOCIATES, ADVOCATES)

AND

1.SRI LALAPPA K A NO.18, 3RD CROSS, BRUHAVANA LAYOUT, L.B.S.NAGAR HALL POST-560031, (OWNER OF CAR BEARING REGN.NO.KA-53:M-5669)

2.THE UNITED INDIA INSURANCE CO.LTD., NO.6, H.SIDDAIAH ROAD, JWALAMUDHI COMPLEX, BANGALORE-560002. …RESPONDENTS (By Sri. S.V. HEGDE MULKAND, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.3.2012 PASSED IN MVC NO.475/2009 ON THE FILE OF ADDITIONAL MACT & PRINCIPAL SENIOR CIVIL JUDGE & C.J.M., RAMANAGARA, 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 appellant and the representative of Respondent-Insurance Company along with its counsel 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 global compensation of Rs.1,30,000/- (Rupees one lakh 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 on proper identification.

5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.

Sri. S.V.Hegde Mulkhand, Advocate is permitted to file his vakalath for R2 within six weeks from today, if not already filed.

Sd/- JUDGE

Sd/- MEMBER

*VR