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 & SRI M.N.UMASHANKAR, MEMBER M.F.A.No. 3156/2012 (MV) (Lok Adalat No. 4345/2017) BETWEEN Mrs. Khatheeja W/o Mammunhi, Aged about 32 years, r/at Gandhi Nagar House, Kadamabar, Koliyoor Village, Kasargod. ... Appellant (By Sri Sandesh Shetty T., Advocate) AND 1. Mr. Raviraja Shetty S/o Babu Shetty, Adult, Kalanja House, No.10/228, Moodamabil, Meenja Panchayat, Manjeshwar, Kasargod.
2. M/s. Oriental Ins. Company, Divisional Office, Beauty Plaza, Balmatta Road, Mangalore -01.
Rep: by its Branch Manager. …Respondents (By Sri M.Arun Ponappa, Advocate for R-2, Notice to R-1 d/w. v.c.o. dated 05.07.2017] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2011 PASSED IN MVC NO. 828/2009 ON THE FILE OF FAST TRACK COURT, MEMBER MACT, MANGALORE, D.K., 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 Company Limited 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. 77,000/- (Rupees Seventy Seven 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 Mkm Sd/- MEMBER