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 S.G. PANDIT & SRI. N.DINESH RAO, MEMBER M.F.A.No. 1040/2017 (MV) (Lok Adalat No. 1017/2018) BETWEEN Mr. Linga Poojary, S/o. Late Mahalinga Poojary, Aged about 62 years, R/o. “Vaishali”, Koravadi, Kumbhashi Village, Kundapura. ... Appellant (By Sri. K.Prasanna Shetty, Advocate) AND 1. Mr. Harish K.V., S/o. K.V.Unnikrishnan, Aged about 32 years, R/o Karat Vellat House, Karipol Post, Malapuram District, Kerala State.
2. Mr. K.V.Vijayakrishnan, S/o. Ramunni, Aged about 74 years, R/o. F-3, Malhar, Baner Road, Pune, Maharashtra State-411018.
3. New India Assurance Co. Ltd., Branch Office: 2nd Floor, Maharashtra Commercial House, Opp: RSP, Mumbai Road, Pimpri, Pune, Maharashtra-411 018, Rep. by its Divisional Manager. ... Respondents (By Sri. A K Bhat, Advocate for R.3 R.1 and R.2-Served but unrepresented) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2015 PASSED IN MVC NO.942/2012 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL M.A.C.T., UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, 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 – New India Assurance 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.50,000/- (Rupees Fifty 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 RB