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:
HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI.S.RACHAIAH, MEMBER Miscellaneous First Appeal No.2929/2018 (Lok Adalat No. 2646/2018) BETWEEN:
SMT. G. VIJAYALAKSHMI W/O R. THIPPESWAMY AGED ABOUT 45 YEARS R/AT NO.3, 4TH CROSS MADIWALA BENGALURU-560068.
(BY SRI.VASANTHAPPA, ADVOCATE) AND:
1. SRI. DIVAKARA KAMATH S/O VITTAL KAMATH R/AT F-502, ROYAL LEGEND APARTMENTS, KODI CHIKKANAHALLI MAIN ROAD, BOMMANAHALLI BENGALURU-560 068.
….APPELLANT 2. THE ORIENTAL INSURANCE COMPANY LTD., NO.44-45, LEO SHOPPING COMPLEX RESIDENCY ROAD BANGALORE-560025.
….RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2017 PASSED IN MVC NO.4020/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENALURU (SCCH-7), 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 03.12.2018, 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 `70,000/- (Rupees Seventy 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 `70,000/- 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