HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.2880/2017(MV) (LOK ADALATH NO.4514/2017) BETWEEN:
LOKESHA A S/O ANDANIGOWDA, AGED 25 YEARS, R/O K N HUNDI VILLAGE, MYSORE TQ AND DISTRICT, NOW R/AT C/O RAJEGOWDA, ARAKERE VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571438.
(BY SRI SREENIVASAN M Y, ADVOCATE) AND 1. PRAJAWAL S S/O SHIVANANJAIAH, MAJOR, R/AT 2ND BLOCK, NEAR GOVERNMENT HOSPITAL, GONIKOPPAL, VIRAJPET TALUK, KODAGU DISTRICT-571 213.
... APPELLANT 2. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO.LTD. DO-1, NO.1, THEJAS COMPLEX, CSI SAYYAJI ROAD, P B NO.27, MYSORE-570 009.
(BY SRI E S INDIRESH, ADVOCATE FOR R2) … ... RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.11.2016 PASSED IN MVC NO.702/2016 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the 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 lumpsum of Rs.1,45,000/- (Rupees One Lakh Forty 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.
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. Out of the enhanced compensation, Rs.45,000/- shall be deposited in the name of the appellant in any Nationalised Bank for a period of five years. The balance amount of Rs.1,00,000/- shall be released in favour of the appellant.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-