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 AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.3536/2017(MV) (LOK ADALATH NO.5494/2017) BETWEEN:
B N BALAKRISHNA S/O LATE B NANJEGOWDA, AGED ABOUT 53 YEARS, R/O NO. 43, ANANDAPURAM, PALANI GOUNDER PUDUR (YEDAMADURAI) COIMBATORE, COIMBATORE TQ & DISTRICT, TAMILNADU STATE - 641 001.
(BY SRI SREENIVASAN M Y, ADVOCATE) AND 1. SELVAKUMARI W/O V T SARVANAN, MAJOR, R/AT NO. 84/421, VATTAKADU, SHANKARAPALYAM, ANTHIYUR, BHAVANI TQ TAMIL NADU STATE - 638 501.
... APPELLANT 2. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO LTD., DO-2, NO. 2903, NEW MUSLIM HOSTEL COMPLEX, 1ST MAIN, SARASWATHIPURAM, MYSURU - 570 005.
(BY SRI V NARAYAN SWAMY FOR R2) … ... RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.11.2016 PASSED IN MVC NO.410/2014 ON THE FILE OF THE PRL.SMALL CAUSES AND MACT AT MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Insurance Company 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 lumpsum of Rs.1,00,000/- (Rupees One Lakh 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 shall be shall be released in favour of the appellant.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-