HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA .S CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 7893/2015 (MV) (Lok Adalat No. 3996/2017) BETWEEN :
K C HARISH S/O CHIDANANDA MURTHY, AGED ABOUT 21 YEARS, R/O BALEHALLI, JYOTHI NAGAR POST, CHIKKAMAGALUR TALUK & DISRICT-577 101. ... APPELLANT (By: Sri. GIRISH B BALADARE, ADVOCATE) AND :
1. THE MANAGER ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CHIKKAMAGLUR-577 101.
2. H.N.ESHWAR S/O H.P. NANJAPPA, AGED ABOUT 25 YEARS, R/AT LAXMIPURA EXTENSION, SAKALESHAPURA, HASSAN DISTRICT-573 201.
3. DARSHAN S/O H.N.ESHWAR, AGED ABOUT 27 YEARS, R/O LAKSHMIPURA EXTENSION, SAKALESHPURA TOWN, HASSAN DISTRICT-573 201. ... RESPONDENTS (By: Sri. R. GUNASHEKAR, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 25.08.2014 PASSED IN MVC NO.449/2012 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AND MEMBER, MACT, CHIKMAGALUR, 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 claimant-appellant and the learned Counsel for the respondent – Oriental Insurance Co. Ltd. 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 lump sum of Rs.45,000/- (Rupees 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. The entire enhanced compensation amount shall be released in favour of the appellant on proper identification.
5. 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 Rbv Sd/- MEMBER