HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.9014/2010(MV) (LOK ADALATH NO.4589/2017) BETWEEN:
SMT. JAYAMMA, W/O LATE GANGADHAR, AGED 46 YEARS, OPP TO JSS SCHOOL, NEAR OMSHAKTHI TEMPLE, GANAPATHI PURA, KONANAKUNTE, BANGALORE- 560 062. ... APPELLANT (BY SRI M. BABU, ADVOCATE) AND 1. SRI M. N. RAMAKRISHNA, S/O SRI M. R. NARASAIAH, FRUIT MERCHANT, BUS STAND ROAD, KANAKAPURA TOWN, RAMANAGARAM DISTRICT.
2. M/S ORIENTAL INSURANCE CO. LTD., REPTD BY ITS MANAGER, NO. 1188, 1ST FLOOR, 26TH MAIN, RAGIGUDDA TEMPLE MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE- 69. ... RESPONDENTS (BY SRI H. C. VRUSHABHENDRAIAH, ADVOCATE FOR R2) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28/04/2010 PASSED IN MVC NO.5458/2009 ON THE FILE OF THE JUDGE & MEMBER - MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Insurance Company along with its representative 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 lumpsum of Rs.2,45,000/- (Rupees Two Lakhs Forty 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. Out of the enhanced compensation, 50% of the same shall be deposited in the name of the appellant in any Nationalised Bank for a period of five years with liberty to withdraw the interest as and when it accrues. The balance 50% of the enhanced amount shall be released in favour of the appellant.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-