HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.965/2017 (LOK ADALATH NO.2169/2019) BETWEEN:
SMT.ASHWATHAMMA W/O. L.MUNISWAMY, AGED ABOUT 48 YEARS, RESIDING AT NO.560A, CHANDAPURA, CHATHRAKANE, CHANDAPURA CIRCLE, ANEKAL, BANGALORE URBAN-560 081. ... APPELLANT (BY SRI.GOPAL KRISHNA.N., ADV.) AND:
1. M/S.GURU TOURS & TRAVELS NO.18, AZEEM COURT, LANGFORD ROAD, SHANTHI NAGAR, BANGALORE - 560 027, REP: BY ITS PROPRIETOR.
2. THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.44/45, 4TH FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE - 560 025, REP: BY ITS MANAGER. ... RESPONDENTS (BY SRI.R.GUNASHEKAR, ADV. FOR R2 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.11.2016 PASSED IN MVC NO.2314/2015 ON THE FILE OF THE 21ST ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.11,25,000/- (Rupees Eleven Lakhs Twenty Five Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Release and deposit shall be in terms of award of the Tribunal.
Sd/-
JUDGE akd Sd/-
MEMBER