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 SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.235/2018 (MV) (Lok Adalat No.2096/2019) BETWEEN B.C. Sudha @ Sudha Jayadev, W/o late Jayadeva @ H.G. Jayadev, Aged 55 years, R/o H.No.115/2, Aanemahal, Sakleshpura, Hassan District – 573 134. ... Appellant (By Sri G. Ravishankar Shastry, Advocate) AND 1. M. Ganapathy, S/o Muthuswamy, Major, r/at. 7, RCC 206-261, S.G.Matt Road, Chamrajpet, Bengaluru – 560 018.
2. The Oriental Insurance Co. Ltd., Thuraiyur Road, Namakkal Tamilnadu, Rep. by its Divisional Office, Divisional Manager, Beauty Plaza, Roopa Hotel Building, Milagrees, Mangaluru Taluk, D.K.District – 575 001. …Respondents (By Sri K. Suresh, Advocate for R.2, v/o. dated 24.06.2019, notice to R.1 is d/w.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2017 PASSED IN MVC NO.1459/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K., 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 appearing for the Appellant - Claimant and the learned Counsel appearing for the Second Respondent – Oriental Insurance Company Limited and along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the Second respondent – Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the Second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.4,50,000/- (Rupees Four lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims 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 Sd/- MEMBER Mkm*