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 L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.5778/2017 (MV) (LOK ADALATH NO.6483/2017) C/W MISCELLANEOUS FIRST APPEAL NO.8361/2017(MV) (LOK ADALATH NO.6408/2017) IN M.F.A. No.5778/2017 BETWEEN:
THE ORIENTAL INSURANCE CO. LTD., HEBRI, D.O.2ND FLOOR, BEAUTY PLAZA, BALMATTA, MANGALORE - 575 002, NOW REPRESENTED BY M/S. THE ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, LEO SHOPPING COMPLEX, 4TH FLOOR, NO.44/45, RESIDENCY ROAD CROSS, BANGALORE - 560 025, REPRESENTED BY ITS REGIONAL MANAGER.
... APPELLANT (BY SRI.SURESH K, ADV.) AND:
1. SRI. AKBAR S K AGED ABOUT 44 YEARS, S/O SRI.ABUL KASHEM, R/AT KALABAG BAHARA, KALABAGH, MURSHIDABAD, WEST BENGAL, PRESENTLY R/AT C/O GANESH S.K. ASHOKNAGARA, URVA, HOIGEBAIL, MANGALORE, D.K.-575 001.
2. SRI.ANANTHAKRISHNA BHAT AGED ABOUT 50 YEARS, S/O SRINIVASA BHAT, R/AT SHRI VISHNU NILAYA, MULLUGUDDE, PERDOOR POST, UDUPI DITRICT - 576 124 ... RESPONDENTS (BY SRI.G RAVISHANKAR SHASTRY, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.05.2017 PASSED IN MVC NO.130/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND II ADDITIONAL MACT MANGALORE, AWARDING COMPENSATION OF RS.8,93,600/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT IN THE TRIBUNAL.
IN M.F.A. NO.8361/2017 BETWEEN: AKBAR S K S/O ABDUL KASHEM AGED 44 YEARS, R/AT KALABAG BAHARA KALABAGH, MURSHIDABAD WEST BENGAL PRESENTLY RESIDING AT C/O GANESH S K ASHOKNAGARA, URVA, HOIGEBAIL, MANGALORE, D.K.DISTRICT PIN – 575012 ... APPELLANT (BY SRI.RAVISHANKAR SHASTRY G, ADV.) AND:
1. MR ANANTHAKRISHNA BHAT S/O SRINIVAS BHAT AGED 50 YEARS, R/AT “SHRI VISHNU NIALYA” MULLUGUDDE PERDOOR POST, UDUPI DISTRICT PIN – 576 101 2. THE ORIENTAL INSURANCE CO. LTD., HEBRI D.O: 2ND FLOOR BEAUTY PLAZA BALMATTA, MANGALORE D.K. DISTRICT REPRESENTED BY ITS BRANCH MANAGER PIN – 575 001 ... RESPONDENTS (BY SRI. K. SURESH, ADV. FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.05.2017 PASSED IN MVC NO.130/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND II ADDL. MACT MANGALORE, 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, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the appellant – Oriental Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant-Insurance Company has agreed to pay a lump-sum of Rs.8,33,600/- (Rupees Eight Lakhs Thirty Three Thousand Six Hundred Only) instead of Rs.8,93,600/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim.
3. The 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 Miscellaneous First Appeal No.5778/2017 filed by the Insurance Company stands disposed of in terms of the Joint memo. In view of the settlement arrived at between the parties in M.F.A. No.5778/2017, the Miscellaneous First Appeal No.8361/2017 filed by the claimant is hereby disposed of accordingly. The award of the Tribunal stands modified. Draw up the Award accordingly.
The apportionment, deposit and release of the modified award amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited by the Insurance Company before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv