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:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI.S.RACHAIAH, MEMBER Miscellaneous First Appeal No.4365/2018 (Lok Adalat No.155/2019) BETWEEN:
MOHAN S/O GANESH BHAT AGED ABOUT 28 YEARS NO.203, AGRAHARA BEBHI CHANNARAYAPATTANA TOWN HASSAN DISTRICT-573116.
….APPELLANT (BY SRI. HALESHA R.G, ADVOCATE) AND:
1. KIRAN KUMAR P.S. S/O SUBBANNA ARALIKATTE, AGRAHARA BEEDHI, CHANNARAYAPATTANA TOWN, CHANNARAYAPATNA HASSAN DISTRICT-573116.
2. THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE NO.144, LEO SHOPPING COMPLEX RESIDENCY ROAD, NEAR MAYOHALL COMPLEX, M.G. ROAD BANGALORE-560 001.
….RESPONDENTS (BY SRI.B.S. PADMARAJA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2017 PASSED IN MVC NO.2875/2016 ON THE FILE OF THE XIII ADDITIONAL SMALL CUASES JUDGE AND MEMBER, MACT, (SCCH-15), BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATIOIN 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 `80,000/- (Rupees Eighty 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 `80,000/- 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