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. 4039/2012 (MV) (Lok Adalat No. 4621/2017) BETWEEN:
C. Mahesh Kumar S/o Chinnaswamy, Aged about 28 years, R/o No.125, Ivory Complex, Karakushalanagar, Metagalli, Mysore – 571 001. .. Appellant (By Sri. Y.D. Harsha & Sri. M. Nagesh, Advocates) AND:
1. Venkateshappa S/o Pillappa, Aged about 47 years, R/o Ballamande Village, Bangarapet Taluk, Kolar District-563 114.
2. V. Shankarappa S/o Venkataramanappa, Aged about 61 years, R/o Kadu Bisanahalli, Varthur Hobli, Bangalore – 560 005.
3. The Oriental Insurance Co. Ltd., Divisional Office, Ramaswamy Circle, Mysore – 571 001, Policy No.2007/8673, Valid from 17.10.2006 to 16.10.2007.
4. Shamanna P. S/o Puttanna, Aged about 29 years, R/at No.A-79, 3rd Main, New Bamboo Bazar, Mysore City – 571 001, [Driver of Auto No.MH-02/QA-2875].
5. Adil Lateef @ Adil Ahamed S/o Abdul Latheef, Aged about 47 years, R/at D. No.EWS 373, II Stage, 4th Cross, Hanumanthanagara, Bannimantap, Mysore-571 001, Owner of Auto bearing No.MH-02/ QA-2875 at the time of accident.
6. Puttanna S/o Late Bujangaiah, Aged about 51 years, R/at No.A-79, 3rd Main, 2nd Cross, Bamboo Bazar, Mysore – 571 001, (Owner of Autorickshaw Bearing Reg. No.MH-02/QA-2875 After the accident).
7. United India Insurance Company Ltd., No.2911, Sundar Arcade, Opp. Suburb Bus Stand, B.N. Road, Mysore-570 001, [Insurer of the Autorickshaw bearing No.MH-02/QA-2875, Policy No.072000/31/06/01/00001794 Valid from 04.07.2006 To 03.07.2007]. .. Respondents (By Sri. M. Sowri Raju, Advocate for R-3, Notice to R-1, R-2 and R-5 – d/w v.c.o. dated 02.07.2012, Sri. C.R. Ravishankar, Advocate for R-7) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 25.01.2012 PASSED IN M.V.C. NO.1076/2010 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, MYSORE, 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 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. 95,000/- (Rupees Ninety Five 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