HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 1675/2019 ( MV) (Lok Adalat No.367/2019) BETWEEN ASHOK KUMAR B.L.
S/O LAKSHMIPATHY B.R AGE ABOUT 50 YEARS R/O INDUSTRIAL AREA SIDDERAPPA BADAVANE NEAR SUBRAMANYA TEMPLE LOKIKERE ROAD DAVANAGERE DIST:577 001.
(BY SRI MANJUNATH N.D. - ADVOCATE) AND 1. SRI SIDDESH S/O NAGARAJANAIKA AGED ABOUT 23 YEARS R/O DODDA MAGADI VILLAGE ... APPELLANT MAYAKONDA HOBLI DAVANAGERE TALUK DAVANAGERE DIST:577 001.
2. BASAVARAJANAIKA S/O KUMARANAIKA MAJOR R/O NO. 63, HONNUR GOLLARHATTI VILLAGE DAVANAGERE DIST:577001.
3. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE; DOOR NO.823/7 THILUVALLY COMPLEX NEAR ARUNA TALKIES 1ST FLOOR P.B. ROAD DAVANAGERE DIST:577 001.
(BY SRI K.POORNABODHA RAO – ADV. FOR R.3) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.07.2017 PASSED IN MVC NO. 342/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MEMBER, MACT-IV, DAVANAGERE, 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–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.1,20,000/- (Rupees One Lakh Twenty 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 KPS