HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ & SRI. A.K.BHAT, MEMBER BETWEEN:
1. SREEKANTH, M.F.A.No.9987/2018 (MV) (Lok Adalat No.3680/2019) S/O LATE NANJUNDAIAH, AGED ABOUT 35 YEARS, R/AT NO.171, 1ST MAIN, 5TH CROSS, MALLASANDRA, NEAR ASHWATHKATTE, T.DASARAHALLI, BANGALORE – 560 057.
2. SREEKANTAIAH B.N., S/O LATE NANJUNDAIAH, AGED ABOUT 39 YEARS, R/AT KAMALAKRUPA, 4TH MAIN, 1ST CROSS, KUVEMPUNAGARA, DASARAHOSAHALLI, DODDURUKARAPANAHALLI, KOLAR DISTRICT – 563 101. ... APPELLANTS (BY SRI. P. SURESH, ADVOCATE) AND:
1. THE ORIENTAL INSURANCE CO. LTD., BANGALORE REGIONAL OFFICE, T.P.HUB, NO.45/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, P.B.12523, BANGALORE – 560 025. (REPRESENTED BY ITS INCHARGE MANAGER) 2. NAGABHISHEK B.R., S/O RANGA VITTAL B.A., MAJOR IN AGE, R/AT NO.5E-5F, ASHIRWAD, VIDYARANYAPURA, BANALORE – 560 097. ... RESPONDENTS (BY SRI. K. SRIDHAR, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.04.2018, PASSED IN MVC NO.1868/2017, ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH – 16), 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 This Miscellaneous First Appeal filed against the Judgment and Award passed by the above Tribunal having been referred to Lok Adalath by the Court coming on for settlement before Lok Adalat on 14.12.2019 in the presence of the Officers of the Oriental Insurance Company Limited and advocates appearing for the respective parties, for the reasons stated in the Conciliation Order.
2. The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the first Respondent - Oriental Insurance Company Limited along with its representative are present.
3. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first Respondent- Insurance Company and its authorized officer is filed, which reads as under:
“The Appellant has agreed to receive and Respondent ORIENTAL INS. CO. LTD., has agreed to pay a lump-sum of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand only) in addition to what has been awarded by the Tribunal, full and final settlement of the claim.
The Respondent ORIENTAL INS. CO. LTD., 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 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost”
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4. The appellant – claimants have agreed to receive and the first Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
5. The first 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.
6. The entire enhanced compensation amount shall be released in favour of the appellants – claimants as per the ratio adopted by the Claims Tribunal, on proper identification.
7. 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 NR/-