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.2732/2018 (MV) (Lok Adalat No.2109/2019) BETWEEN The Branch Manager, The Oriental Insurance Co. Ltd., Sathish Complex, Ground Floor, Opposite Govinda Das College, Surathkal, Mangalore Taluk, D.K., Now represented by its Regional Manager, Leo Shopping Complex, 44/45 Residency Road, Bengaluru – 560 025. … Appellant (By Smt. Harini Shivananda, Advocate) AND:
1. Sri Nasif Ahmed, S/o Nazeer Ahmed, Aged about 21 years, R/at. 2-85/1, Tari House, Ganjimatta, Mooduperara Village, Mangalore Taluk, D.K. – 575 001.
2. Sri Clement D’Souza S/o Leo D’Souza, Aged about 53 years, r/at. Ouza Villa, Tenkaedapadavu Village, Shibrikere Post, Mangalore Taluk, D.K. – 574 144. Respondents (By Sri G.Ravishankar Shastry, Advocate for R.1) THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2017 PASSED IN MVC NO.1127/2016 ON THE FILE OF THE I ADDL. DISTRICT JUDGE & MACT-II, MANGALURU, AWARDING COMPENSATION OF RS.7,48,700/- WITH INTEREST @ 6% P.A., FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant – Oriental Insurance Company Limited and learned Counsel appearing for the Respondent No.1 – Claimant 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 respondent No.1 (being authorized by the respondent No.1 to sign) and the learned advocate appearing for the Appellant - insurance company and its authorized officer is filed. The respondent No.1-claimant has agreed to receive and the appellant-insurance company has agreed to pay a lump-sum of Rs.7,71,785/- (Rupees Seven Lakh Seventy One Thousand Seven Hundred & Eighty Five only) instead of Rs.7,48,700/- with interest at 6% p.a. awarded by the Tribunal, in full and final settlement of the claim.
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. The amount if, any deposited before this Court shall be transferred to the Claims Tribunal.
4. The deposit and release of the modified compensation amount shall be made as per the ratio adopted 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.
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JUDGE Mkm* Sd/- MEMBER