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.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.4646/2015 (MV) (LOK ADALATH NO.36/2019) C/W MISCELLANEOUS FIRST APPEAL NO.4509/2015 (MV) (LOK ADALATH NO.39/2019) IN M.F.A.NO.4646/2015:
BETWEEN:
KUMARA S/O SHIVAMALLAPPA, AGED ABOUT 41 YEARS, R/T KAGALAVADI VILLAGE, CHAMRAJANAGARA TQ AND DISTRICT, NOW R/AT RANGANATHANAGARA, S R PATNA TOWN, MANDYA DISTRICT – 571438.
…APPELLANT (BY SHRI M.Y.SREENIVASAN, ADVOCATE) AND:
1. NANJUNDA S/O CHANNANJAIAH, MAJOR, R/AT COURT ROAD, CHAMRAJANAGARA TOWN – 571441.
2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., D O-2, NO.2903, NEW MUSLIM HOSTEL COMPLEX, 1ST MAIN, SARASWATHIPURAM, MYSURU – 570020. …RESPONDENTS (BY SHRI B S UMESH FOR R2, ADVOCATE NOTICE TO R1 D/W V/O DTD:01.07.2015) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2015 PASSED IN M.V.C. NO.1695/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT AT SRIRANGAPTNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MISCELLANEOUS FIRST APPEAL NO.4509/2015: BETWEEN:
THE DIVISIONAL MANAGER M/S THE ORIENTAL INSURNCE COMPANY LIMITED D.O-2, NO. 2903, NEW MUSLIM HOSTEL COMPLEX 1ST MAIN, SARASWATHIPURAM MYSORE-570009 THROUGH ITS REGIONAL OFFICE LEO SHOPPING COMPLEX, NO. 44/45, RESIDENCY ROAD BANGALORE-560025, REPRESENTED BY ITS REGIONAL MANAGER. ... APPELLANT (BY SRI UMESH B S, ADVOCATE) AND:
1. KUMARA, S/O SHIVAMALLAPPA AGED ABOUT 41 YAERS RESIDING AT KAGALVADI VILLAGE CHAMARAJNAGAR TALUK & DISTRICT-571342 NOW RESIDING AT RANGANATHANAGARA S R PATNA TOWN MANDYA DISTRICT-571438 2. NANJUNDA, S/O CHANNANJAIAH AGE MAJOR EXACT AGE NOT KNOWN TO APPELLANT RESIDING AT COURT ROAD CHAMARAJANAGAR TOWN-571313. ... RESPONDENTS (BY SRI M Y SREENIVASAN FOR R1, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2015 PASSED IN M.V.C. NO. 1695/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT AT SRIRANGAPTNA, AWARDING COMPENSATION OF RS.6,03,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT IN TRIBUNAL.
THESE APPEALS 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 respondent-Insurance Company 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 global sum of Rs.8,20,000/- (Rupees Eight Lakhs Twenty Thousand Only), in full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
3. The 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. The amount, if any, deposited before this Court shall be transferred to the jurisdictional Tribunal forthwith.
4. The deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Tribunal.
5. Miscellaneous First Appeal No.4646/2015 filed by the Appellant-Claimant stands disposed of in terms of the Joint memo. The judgment and award of the Tribunal shall stands modified accordingly.
In view of the settlement arrived at between the parties in MFA No.4646/2015, connected case in MFA No.4509/2015 filed by the Insurance Company is also disposed of. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER