HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.795/2018 (MV) (LOK ADALATH NO.310/2019) C/W MISCELLANEOUS FIRST APPEAL NO.5020/2018 (MV) (LOK ADALATH NO.856/2019) IN M.F.A.NO.795/2018:
BETWEEN:
ORIENTAL INSURANCE CO. LTD., WHITEFIELD BANGALORE D.O.2ND FLOOR, BEAUTY PLAZA BALMATTA, MANGALORE NOW REPRESENTED BY REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, #44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU-560025 ...APPELLANT (BY SRI.A N KRISHNA SWAMY, ADVOCATE) AND 1.NAVEESH N S/O NARAYANA NOW AGED ABOUT 24 YEARS R/A DOOR NO.3-164, ADDAHOLE HOUSE, SHIRADY VILLAGE, GUNDYA POST, PUTTUR TALUK, DK-574202.
2.SUNIL M S/O SWAMY M NOW AGED ABOUT 45 YEARS R/A NO.6,7,8 PLOT NO.301 SRI LORVEN NEST, SRINIVASA REDDY LAYOUT, AECS LAYOUT, CHINNAPANAHALLI BENGALURU-560037. ...RESPONDENTS (BY SRI.G.RAVISHANKAR SHASTRY, ADVOCATE FOR R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.10.2017 PASSED IN MVC NO.819/2017 ON THE FILE OF THE MEMBER, MACT & I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., AWARDING COMPENSATION OF RS.4,32,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF THIS PETITION TILL ITS REALIZATION IN M.F.A.No.5020/2018:
1.NAVEESH N S/O NARAYANA AGED 24 YEARS, R/AT DOOR NO.3-164 ADDAHOLE HOUSE, SHIRADY VILLAGE GUNDYA POST, PUTTUR TALUK D.K.DISTRICT - 574 224.
...APPELLANT (BY SRI.RAVISHANKAR SHASTRY G., ADVOCATE) AND 1.SUNIL M S/O AWAMY M AGED ABOUT 45 YEARS, R/AT NO. 6,7,8 FLOT NO. 301, SRI LORVEN NEST SRINIVASA REDDY LAYOUT AECS LAYOUT, CHINNAPANAHALLI, BANGALORE - 560 037.
2.THE ORIENTAL INSURANCE CO. LTD., WHITE FIELD, BANGALORE D.O. 2ND FLOOR, BEAUTY PLAZA BALMATTA, MANGALORE, D.K. REPRESENTED BY ITS DIVISIONAL MANAGER PIN - 575 001. ...RESPONDENTS (BY SRI.A N KRISHNA SWAMY, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17/10/2017, PASSED IN MVC NO.819/2017, ON THE FILE OF THE MEMBER, MACT & I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the Appellant-Insurance Company along with its representative and the learned counsel for the respondent No.1-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 lump-sum of Rs.8,14,600/- (Rupees Eight Lakhs Fourteen Thousand and Six Hundred Only) instead of Rs.4,32,500/- 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. The amount, if any, deposited before this Court shall be transferred to the jurisdictional Tribunal forthwith.
4. The apportionment, deposit and release of the compensation amount shall be made as per the Judgment and Award passed by the Tribunal.
5. Miscellaneous First Appeal No.795/2018 filed by the Appellant-Insurance Company stands disposed of in terms of the Joint memo. The judgment and award of the Tribunal shall stands modified accordingly.
In view of the settlement arrived at between the parties in MFA No.795/2018, connected case in MFA No.5020/2018 filed by the claimant is also disposed of. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER