HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B.VEERAPPA & SRI M.N.UMASHANKAR, MEMBER M.F.A.No. 6266/2016 (MV) (Lok Adalat No. 4170/2017) BETWEEN Arun Kumar S/o Vasu Maniyani, Aged about 30 years, r/at Kurinjamoole, Darbethadka, Puttur, D.K. District – 575 401. ... Appellant (By Sri Pavana Chandra Shetty H., Advocate) AND 1. Prashanth Rai K. S/o Narayana Rai, Aged about 29 years, R/at Kudkadi House, Paduvannur Village, Suliapadu Post, Puttur – 575 403.
2. The Divisional Manager, Oriental Insurance Co. Ltd., Krishnaprasad Building Main Road, Puttur – 575403. …Respondents (By Sri Ashwathnarayan, Advocate for R-2] ] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.01.2016 PASSED IN MVC NO. 1204/2014 ON THE FILE OF I ADDL. DISTRICT JUDGE AND II ADDL. MACT, MANGALURU, D.K., 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 – Oriental Insurance Company Limited 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. 6,25,000/- (Rupees Six Lakhs Twenty 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.
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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
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 Mkm Sd/- MEMBER