HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER BETWEEN Smt. Lalitha, M.F.A.No.5148/2018 (MV) (Lok Adalat No.2099/2019) S/o Late Narayana Balegara, Aged about 55 years, R/o 1-148/1, near Amruteshwari Temple, Kota Post, Giliyar, Kota, Udupi Taluk, Udupi District – 576 221. ... Appellant (By Sri Sadashiva D., Advocate) AND 1. Shivapurthra R. Naik, S/o R.D.Naik, R/o Kodimane, Tharapathi Post, Paduvary Village, Kundapur Taluk, Udupi District – 576 214.
2. The Oriental Insurance Co. Ltd., Kotacherry, Kanhangad, Rep. by its Nearest Divisional Office, Divisional Manager, Divisional Office, 2nd Floor, Vishnu Prakash Building, Court Road, Udupi - 576 101. …Respondents (By Sri. U.S. Yogesh Kumar, Advocate for R.1; Sri C.R. Ravishankar, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2018 PASSED IN MVC NO.976/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & ADDL. MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the Second Respondent – Oriental Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the Second Respondent - Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the Second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 Mkm* Sd/- MEMBER