HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ & SRI. A.K.BHAT, MEMBER BETWEEN:
JOJI JOHNSON P., S/O JOHNSON P.J., AGED 35 YEARS, M.F.A.No.371/2017 (MV) (Lok Adalat No.3377/2019) R/O B, 2ND FLOOR, I MAIN ROAD, NETHAJINAGAR, MATHIKERE, BANGALORE – 560 054. ... APPELLANT (BY SRI. H.K.BASAVARAJ, ADVOCATE) AND:
1. THE ORIENTAL INSURANCE CO. LTD., BY ITS MANAGER, REGIONAL OFFICE, NO.44/45, 4TH FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE – 560 025.
2. ABDUL KHADER, S/O ABDUL KHALAZ, AGED MAJOR, NO.137/1, 9TH A MAIN ROAD, NEW HOSPITAL ROAD, PADARAYANAPURA, BANGALORE – 560 026. ... RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R1; NOTICE TO R2 IS D/W V/O DTD: 17.10.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.03.2016 PASSED IN MVC NO.1065/2014 ON THE FILE OF THE XXI A.C.M.M., & XXIII A.S.C.J., BENGALURU (SCCH – 25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER This Miscellaneous First Appeal filed against the Judgment and Award passed by the above Tribunal having been referred to Lok Adalath by the Court coming on for settlement before Lok Adalat on 14.12.2019 in the presence of the Officers of the Oriental Insurance Company Limited and advocates appearing for the respective parties, for the reasons stated in the Conciliation Order.
2. The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the first Respondent - Oriental Insurance Company Limited along with its representative are present.
3. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the first Respondent - Insurance Company and its authorized officer is filed, which reads as under:
“The Appellant has agreed to receive and Respondent ORIENTAL INSURANCE CO. LTD., has agreed to pay a lump-sum of Rs.1,90,000/-(Rupees One Lakh Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
The Respondent ORIENTAL INSURANCE CO. LTD., 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 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost.”
4. The appellant - claimant has agreed to receive and the first Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,90,000/-(Rupees One Lakh Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
5. The first 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.
6. The entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification.
7. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER NR/-