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 RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 7872/2016 (MV) (Lok Adalat No. 4240/2017) BETWEEN:
Subashchandra, Now aged 29 years, S/o Dharnappa Moolya, R/o Permuda House, Nittide Village, Belthangady Taluk, D.K., Now R/o Shrinidhi, Nandila, behind MESCOM Office, Haradi, Puttur Taluk, Dakshina Kannada District-574 201. .. Appellant (By Sri. Vishwanatha Poojary K., Advocate) AND:
1. Dinesh Moolya, Now aged 33 years, Son of Jarapa Moolya, R/o Hosahithlu House, Nittade Village, Belthangady Taluk, Dakshina Kannada District-574 214.
2. S. Jayaram, Now aged 32 years, S/o Seetharama Gowda, R/o 10-38 A House, Bypass Road, Bandarybettu, Bantwal Taluk, Dakshina Kannada District-574 21.
3. The Manager, United India Insurance Co. Ltd., Shree Krishna Building, 2nd Floor, Shree Kathyani, Opp. Bus Stand, Belthangady Branch, Belthangady Taluk, Dakshina Kannada District – 574 214. .. Respondents (By Sri. C. Shankara Reddy, Advocate for R-3, Notice to R-1 & R-2 – d/w v.c.o. dated 26.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.08.2016 PASSED IN M.V.C. NO.1715/2014 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDL. MACT, MANGALURU, SITTING AT PUTTUR, D.K., 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 – United India 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 Respondent-Insurance Company has agreed to pay a lump-sum compensation of Rs. 1,85,000/- (Rupees One Lakh Eighty 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 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 disbursed in favour of the 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