HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A. No. 1517/2014 (MV) (Lok Adalat No. 5832/2017) BETWEEN The Oriental Ins. Co. Ltd., Divisional Office No.12, No.1001/56, Jayalakshmi Mansion, 2nd Floor, Dr. Rajkumar Road, 4th Block, Rajajinagar, Bangalore – 560 010. Represented by its Authorised Signatory at R.O. No.44/45, Leo Shopping Complex, Residency Road, Bangalore – 560 025. … Appellant (By Sri S.Srishaila, Advocate) AND:
1. Sri Ayyavar alias Ayyavu S/o Late Raju, aged about 43 years, R/at No.10, I Cross, I Main, Bommanahalli, Bangalore – 560 066.
2. Managing Director, KSRTC, Senior / Divisional Controller, Address:
The Karnataka State Road Transport Corporation Division, Shanthi Nagar, K.H.Road, Bangalore – 560 027. . . . Respondents (By Sri B.L.Sanjeev, Advocate for R-2 and Smt. Asha, Advocate for R-1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2013 PASSED IN MVC NO.5425/2011 ON THE FILE OF THE XII ADDL. SMALL CAUSES JUDGE AND MACT, BANGALORE.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant – Oriental Insurance Co. Ltd. along with its representative and the learned Counsel for the respondent – claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant – Insurance Company has agreed to pay and the Respondent No.1 – Claimant has agreed to receive a sum of Rs. 2,72,000/- (Rupees Two Lakhs Seventy Two Thousand only) [after deducting 20% of contributory negligence] with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs. 2,84,500/- with interest at 6% p.a. 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 Appellant – 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
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