HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI.S.RACHAIAH, MEMBER Miscellaneous First Appeal No.2491/2016 (Lok Adalat No.4220/2017) BETWEEN:
SHRI. DHARMARAJ S/O VEERABHADRAPPA AGED ABOUT 26 YEARS COOLIE WORKER R/O MEDARA BEEDI, ALDUR VILLAGE AND POST CHIKKAMANGALUR TALUK CHIKKAMANGALURU-560862.
….APPELLANT (BY SRI. B.N. NAGARAJ, ADVOCATE) AND:
1. SRI. D.B. GANESH S/O D.C. BYREGOWDA AGED ABOUT 47 YEARS AGRICULTURIST, R/AT KUNDUR VILLAGE BANAKAL HOBLI MUDIGERE TALUK CHIKKAMANGALURU DISTRICT-560862.
2. SMT. K. VISHALAKSHI W/O D.B. GANESH AGED ABOUT 40 YEARS R/AT KANIGADDE KUNDUR BANAKAL HOBLI, MUDIGERE TALUK CHIKKAMANGALURU DISTRICT-560862.
3. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE BASAVANAHALLI MAIN ROAD CHIKKAMANGALURU-560862.
….RESPONDENTS (BY SRI.SREESHAILA, ADVOCATE FOR R3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2015 PASSED IN MVC NO.352/2013 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 25.10.2017 THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled.
Appellant-claimant has agreed to receive and Respondent- Insurance Company has agreed to pay a global compensation of `1,20,000/- (Rupees One Lakh Twenty 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. Said amount of `1,20,000/- shall be released infavour of appellant on proper identification.
3. 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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER RU