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.5963/2017 (MV) (Lok Adalat No.833/2019) BETWEEN Smt. C.K.Rajamani, W/o late H.C.Narasimhegowda, Aged about 49 years, R/o Hanasoge Village and Post, Chunchanakatte Hobli, K.R.Nagar Taluk, Mysuru District – 571 601. ... Appellant (By Sri V.Padmanabha Kedilaya, Advocate) AND 1. Sri M.N.Ravindrakumar, S/o B.Ningachar, Aged about 39 years, Residing at No.268, Tyagaraja Marga, 6th Cross, Siddarthanagar, Mysuru – 570 011.
2. The General Manager, M/s. Oriental Insurance Co. Ltd., D.O.II, Muslim Hostel Complex, Kantharaja Urs Road, Saraswathipuram, Mysore – 570 009. …Respondents (By Sri S.Srishaila, Advocate for R.2, v/o. dated 07.03.2019, notice to R.1 is d/w.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.02.2015 PASSED IN MVC NO.524/2013 ON THE FILE OF THE MACT, MYSURU (IN THE COURT OF THE ADDL. JUDGE, SMALL CAUSES AND SENIOR CIVIL JUDGE MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the Second Respondent – Oriental Insurance Company Limited 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the Second respondent – Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the Second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 the appellant – claimant, on proper identification.
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.
Sd/- JUDGE Mkm* Sd/- MEMBER