HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.1628/2016 (MV) (LOK ADALATH NO.3412/2017) C/W MISCELLANEOUS FIRST APPEAL NO.1402/2017 (MV) (LOK ADALATH NO. 3412 (A)/2017) IN M. F. A. No.1628/2016:
BETWEEN:
1. THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO.LTD., NO.471/1, V.D.CHANDRU BUILDING ANJANEYASWAMY TEMPLE ROAD, K.R.PURAM EXTENSION, BANGALORE REP BY ITS REGIONAL MANAGER, THE UNITED INDIA INSURANCE CO.TD., REGIONAL OFFICE, 6TH FLOOR,KRUSHI BHAVAN, HUDSON CIRCLE, BANGALORE-560 001 . ... APPELLANT (BY SRI. SHANKARA REDDY C, ADV.) AND:
1. SRI.S.S JAYARAM @ JAYANNA S/O BUTHAIAH, AGED ABOUT 25 YEARS, R/AT NO.32/1, 4TH MAIN, 7TH CROSS, AGRAHARA DASARAHALLI, BANGALORE-560079 PERMANENT ADDRESS SRIRAMANAGARA, HAGALAVADI (P) HAGALAVADI HOBLI GUBBI TALUK TUMKUR DIST – 572 216.
2. SRI.ARVIND JOSEPH FRANK S/O V.L.FRANK, NO.30/1, THULASIRAM DASSMUTT ROAD, FRAZER TOWN, BANGALORE-560005 (BY SRI. K P JAYASIMHA, ADV. FOR R1.) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2015 PASSED IN MVC NO.493/2014 ON THE FILE OF THE MEMBER PRINCIPAL, M.A.C.T, BENGALURU. AWARDING COMPENSATION OF RS.4,89,460/- WITH INTEREST AT 9% P.A FROM THE DATE OF PETITION TILL THE DEPOSIT.
IN M. F. A. No.1402/2017:
BETWEEN:
S B JAYARAM @ JAYANNA, S/O BUTHAIAH, AGED ABOUT 25 YEARS, RESIDING AT 32/1, 4TH MAIN, 7TH CROSS, AGRAHARA DASARAHALLI, BANGALORE-560079 PERMANENT ADDRESS SRIRAMANAGARA HAGALAVADI (POST) HAGALAVADI (HOBLI) GUBBI TALUK, TUMKUR DISTRICT ... APPELLANT (BY SRI. JAYASIMHA K P, ADV.) AND:
1. ARVIND JOSHEP FRANK S/O V.L.FRANK, AGE MAJOR, RESIDING AT NO.30/1, THULASIRAM DASS MUTT ROAD, FRAZER TOWN, BANGALORE-560 005 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., OFFICE AT NO.471/1, V.D.CHANDRU BUILDING, 3RD CROSS, ANJANEYA TEMPLE ROAD, OPP. SYNDICATE BANK, K.R.PURAM EXTN, BANGALORE-560036 ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2015 PASSED IN MVC NO.493/2014 ON THE FILE OF THE MEMBER PRINCIPAL M.A.C.T., BENGALURU(S.C.C.H-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION..
THESE APPEALS ARE COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 03/08/2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
Conciliation Order The learned Counsel for the appellant-United India Insurance Company and the Officers of the Insurance Company and the learned counsel for the respondent-claimant are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only), instead of Rs.4,89,460/-, with interest @ 9% p.a. awarded by the Tribunal, as full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
3. The Insurance Company has agreed to deposit the said amount before the learned Tribunal within a period of six weeks from the date of preparation of the award, failing which, the said amount shall carry interest at the rate of 9% per annum 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.
The MFA.No.1628/2016 stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
In view of the above settlement, MFA.No.1402/2017 filed by the claimant is hereby disposed of.
The amount, if any, deposited before this Court shall be transferred to the Tribunal.
Draw the award accordingly.
Sd/- JUDGE Sd/- MEMBER akv