HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 9823/2018 (MV) (Lok Adalat No.356/2019) BETWEEN KRISHNA S/O SIDDURAIAH AGED ABOUT 40 YEARS R/AT KOTHAWADIPURA VILLAGE NANJANAGUDU TALUK MYSURU DISTRICT.
(BY SRI MANJUNATH .N.D – ADV.) AND 1. SHIVAPRASAD P.S S/O PULAGUNTE ESHWARAPPA AGED ABOUT 40 YEARS R/AT NO. 41, RAMAMANDIRA ROAD KANNA BUILDING KODIGEHALLY SAHAKARANAGARA POST BENGALURU-560 092.
2. THE ORIENTAL INSURANCE CO., LTD., NO.20, 2ND FLOOR, 9TH MAIN ... APPELLANT OPP: PAI VICEROY HOTEL JAYANAGAR, 3RD BLOCK BENGALURU – 560 011.
HAVING ITS BRANCH OFFICE AT SARASWATHIPURAM MYSURU – 570 074.
(SRI. S Y SHIVALLI, ADV. FOR R2) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2018 PASSED IN MVC NO. 82/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant-Claimant 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.1,10,000/- (Rupees One Lakh Ten 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-Claimant, 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 Sd/- MEMBER KPS