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. 9234/2011 (MV) (Lok Adalat No. 4694/2017) BETWEEN:
Smt. Jayamma W/o Late Kenchappa, Aged about 47 years, R/o Ashoka Nagara, Birur Town, Kadur Taluk, Chikmagalur District-575 101. .. Appellant (By Sri. B.M. Siddappa, Advocate) AND:
1. Sri. Arun Kumar S/o Mallesh, Aged about 23 years, Student, Rider of the Motor Cycle Bearing No.KA-18/Q-9437, R/o Rajajinagar, Birur Town, Kadur Taluk, Chikmagalur District-577 101.
2. Sri. B. Yanaiah S/o Ramaiah, Aged about 46 years, R.C. Owner of the Motor Cycle Bearing No.KA-18/Q-9437, Employee in TMC, Birur Town, Kadur Taluk, Chikmagalur District-577 101.
3. The Manager, Oriental Insurance Co. Ltd., Shimoga, Policy No.422701/31/ 2009/4069 valid upto 26.8.2009.
Pin : 577 201. .. Respondents (By Sri. K.N. Srinivasa, Advocate for R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.01.2011 PASSED IN M.V.C. NO.111/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, 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 Respondent-Insurance Company has agreed to pay a lump-sum compensation of Rs. 60,000/- (Rupees Sixty 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 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