HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF MARCH, 2019 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.3569/2018 (Lok Adalat No. 163/2019) BETWEEN:
KUM. ANANYA A.R. D/O RAJAIAH AGED ABOUT 10 YEARS C/O ANKEGOWDA 2ND CROSS, VINAYAKANAGARA RAMANAGARA TOWN SINCE MINOR, REPRESENTED BY HER MOTHER SMT. GEETHA W/O SHRI. RAJAIAH.
(BY SRI. RAJU S, ADVOCATE) AND:
1. MR. AKRAM PASHA S/O ABUKAR MAJOR, R/AT GEJJAGARAGUPPE ….APPELLANT VILLAGE, MADABAL HOBLI MAGADI TALUK RAMANAGARA DISTRICT.
2. THE ORIENTAL INSURANCE COMPANY LIMITED NO.540, SHASHANK COMPLEX 1ST FLOOR, OPP: SUB-REGISTRAR OFFICE, MYSORE-BENGALURU MAIN ROAD, KENGERI BENGALURU-560 060.
....RESPONDENTS (BY SRI. P. MAHADEVA SWAMY, ADVOCATE FOR R1; SRI. K. POORNABODHA RAO, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.12.2017 PASSED IN MVC NO.320/2015 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, ADDITIONAL MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 28.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `35,000/- (Rupees Thirty 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. Said amount of `35,000/- shall be released in favour of appellant on proper identification.
3. 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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER RU