HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.6136/2018 (Lok Adalath No.209/2016) BETWEEN:
A. SHIVA KUMAR S/O A.L. VIRUPAKSHAPPA AGED ABOUT 47 YEARS COMPUTER ASSISTANT NOW HANDICAP R/O RAJIVANAGARA HOSPET NOW R/A LAKSHMI BAZAR OPP. KRISHNA NURSING HOME CHITRADURGA – 577 501. ... APPELLANT (BY SRI. M.V. HIREMATH., ADVOCATE) AND:
1. MR. K. SADASHIVA REDDY S/O LATE BALANAGI REDDY CONTRACOTR R/O BASAVESHWARA BADAVANE HOSPET – 583 201.
2. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE 2ND FLOOR, YELAMANCHALI COMPLEX STATION ROAD HOSPET – 583 201 BY ITS BRANCH MANAGER CHITRADURGA BRANCH THE ORIENTAL INSURANCE COMPANY LTD, OPP. KSRTC BUS STAND, BD ROAD CHITRADURGA – 577 501.
... RESPONDENTS (BY SMT. K.R. SATHYAPRABHA., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.06.2018, PASSED IN MVC NO.1411/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 05.02.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of ` 65,000/- (Rupees Sixty Five 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. Entire amount shall be released in favour of appellant on proper identification.
3. 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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER sp*