HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 10465/2012 (MV) (Lok Adalat No. 5513/2017) BETWEEN:
C.E. Yeshwanth S/o Erappa, Aged about 32 years, R/at Areyur Village, Abburkatte Post, Somwarpet Taluk. .. Appellant (By Sri. V. Srinivas, Advocate) AND:
1. K.M. Ashwath @ Viresh, S/o K.M. Mallappa, Aged about 26 years, R/o Koothi Village, Somwarpet Taluk, Kodagu.
2. A. Shanmugam, Major, S/o Chandramouli, R/at No.9/117, Cauvery Nagar, III Stage, Katriguppe Main Road, Bangalore – 85.
3. The Branch Manager, Oriental Insurance Co. Ltd., 1st Cross, Hosur Road, Wilson Garden Post, Bangalore.
4. The Branch Manager, National Insurance Co. Ltd., 1st Floor, Manna Building, Near Clock Tower, Virajpet. .. Respondents (By Sri. K. Suresh, Advocate for R-3, Sri. A.N. Krishna Swamy, Advocate for R-4, Notice to R-2 – d/w v.c.o. dated 21.03.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.07.2012 PASSED IN M.V.C. NO.19/2008 ON THE FILE OF THE AD-HOC DISTRICT JUDGE & PRESIDING OFFICER, FAST TRACK COURT, KODAGU, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of 3rd Respondent – Oriental Insurance Company Ltd., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the 3rd Respondent-Insurance Company has agreed to pay a lump-sum compensation of Rs. 30,000/- (Rupees Thirty Thousand 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 3rd 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 amount shall be released in favour of appellant on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv/Mkm