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.3642/2017(MV) (LOK ADALATH NO.5783/2017) BETWEEN:
THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., M.H.BORAIAH BUILDING, V.V.ROAD, MANDYA CITY NOW REPRESENTED BY ITS THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, LEO SHOPPING COMPLEX, TP HUB, RESIDENCY ROAD CROSS, BANGALORE-560025 REPRESENTED BY ITS DEPUTY MANAGER (BY SRI H C VRUSHABHENDRAIAH, ADVOCATE) AND 1. PUTTASWAMY L S/O LINGACHAR, AGED ABOUT 62 YEARS, R/AT NO.2671, 3RD CROSS, ... APPELLANT GANDHINAGAR, MANDYA CITY-571411 2. S VEENA D/O H.P.VASANTHARAJ MAJOR, R/AT NO.534, 3RD BLOCK, 53RD CROSS, RAJAJINAGAR, BANGALORE-560010 ... RESPONDENTS (BY SRI M Y SREENIVASAN, ADVOCATE) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED02.11.2016 PASSED IN MVC NO.237/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANDYA, AWARDING COMPENSATION OF RS. 8,24,046/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.(RS.10,000/- AWARDED TOWARDS FUTURE MEDICAL EXPENSES DOES NOT CARRY INTEREST).
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the appellant-insurance company along with its representative and the learned Counsel for the respondents-claimants are present.
2. After prolonged negotiations, the matter is settled. The appellant-insurance company has agreed to pay and the respondents-claimants have agreed to receive a sum of Rs.7,20,000/- (Rupees Seven Lakhs Twenty Thousand only) with interest @ 9% per annum from the date of petition till the date of deposit, instead of Rs.8,24,046/- with interest @ 9% per annum as 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 appellant– 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 respondents-claimants are entitled in terms of the award of the Tribunal with respect to apportionment, deposit and release of the enhanced amount in their favour. The amount if any deposited before this Court shall be transferred to the tribunal.
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/-