HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.9972/2018 (MV) (Lok Adalat No.2082/2019) BETWEEN M/s Oriental Insurance Co. Ltd., Puttur D.O, 2nd Floor, Beauty Plaza, Balmatta, Mangalore.
Now Rep. by its Manager, M/s Oriental Insurance Co. Ltd., Regional Office, M.G. Road, Bengaluru. … Appellant (By Sri A.M. Venkatesh, Advocate) AND:
1. Mr. Afraz Abbas, S/o Mohammed Nazeer, Now aged about 21 years, R/at No.12-50, Polakare House, Alekala, Ullal Post, Mangalore Taluk, D.K.
2. B. Sudhakar Shetty, S/o Vasu Shetty, Now aged about 40 years, R/at Beedinamajalu House, Mitthuru Post, Idkidu Village, Bantwal Tq.
D.K. Respondents (By Sri. G. Ravishankar Shastry, Advocate for R.1) THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2018 PASSED IN MVC.NO.879/2016 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE & MEMBER, ADDL. MACT, D.K, MANGALURU, SITTING AT PUTTUR, D.K, AWARDING COMPENSATION OF RS.6,16,600/- WITH INTEREST @ 7% P.A. ON RS.5,82,600/- FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Oriental Insurance Company Limited and learned Counsel appearing for the first Respondent - Claimant along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the first Respondent (being authorized by the respondent to sign) and the learned advocate appearing for the Appellant - Insurance company and its authorized officer is filed. The first Respondent - claimant has agreed to receive and the Appellant - Insurance company has agreed to pay a lump-sum of Rs.5,75,000/- (Rupees Five Lakhs Seventy-five Thousand only) instead of Rs.6,16,600/- with interest at 7% p.a. awarded by the Tribunal, in full and final settlement of the claim.
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. The amount if any deposited before this Court shall be transferred to the Tribunal.
4. The deposit and release of the modified compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
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 LL