HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.667/2019 (MV) (LOK ADALATH NO.341/2019) BETWEEN:
THE ORIENTAL INSURANCE CO. LTD., NANJAPPA COMPLEX, HASSAN REPRESENTED BY REGIONAL OFFICE:
T P HUB NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE – 560 025 BY ITS DULY CONSTITUTED ATTORNEY ...APPELLANT (BY SRI. RAVISHANKAR C.R., ADV.) AND:
1. SRI.DASAIAH AGED ABOUT 58 YEARS, S/O SRI.KURISANNAIAH 2. SMT.KALAMMA AGED ABOUT 52 YEARS, W/O SRI.DASAIAH 3. SMT.RUKMINI AGED ABOUT 23 YEARS, D/O SRI.DASAIAH 4. SMT.ROOPA AGED ABOUT 21 YEARS, D/O SRI.DASAIAH ALL ARE RESIDING AT VADDARAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT – 573 221 5. SMT K.SUMAM MAJOR S/O SRI.JAYKUMARA V R/AT RAMASWAMY ROAD SENDAMANGALA NAMAKAL TAMIL NADU – 637 001 ...RESPONDENTS (BY SRI. SYED AKBAR PASHA, ADV. FOR R1 TO R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.10.2018 PASSED IN MVC NO.1609/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, HOLENARASIPURA, AWARDING COMPENSATION OF RS.22,75,504/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 24.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the 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 and Respondents-claimants have agreed to receive a sum of Rs.22,00,000/- (Rupees Twenty Two Lakhs Only) instead of Rs.22,75,504/- with 9% interest 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. A joint memo has been filed to that effect.
4. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stand modified. Draw up the Award accordingly. Amount in deposit be transferred to be Tribunal forthwith.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER