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 MR.JUSTICE L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.6407/2016 (LOK ADALATH NO.2055/2019) BETWEEN:
THE MANAGER ORIENTAL INSURANCE CO. LTD, NAG NIRMAL COMPLEX, 1ST FLOOR, OPP: RANGANNA CHOULTRY, BASAVANAHALLI MAIN ROAD, CHIKKAMAGALURU NOW REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI - 580 020. ... APPELLANT (BY SMT.HARINI SHIVANANDA, ADV.) AND:
1. SUMAN 41 YEARS, S/O LATE PARAPPA R/O KALLESWARA NILAYA, KASHIPURA ROAD, OPP: LAKSHMI GANESHA TEMPLE, VINOBANAGARA EXTENSION, SHIVAMOGGA CITY 2. SADANANDA GOWDA 48 YEARS, S/O SOMANA GOWDA, R/O RATHNAGIRI NAGARA, NO.33/A, ABBALAGERE VILLAGE, SHIVAMOGGA TQ., PERMANENT RESIDENT OF KODIKOPPA JADE HOBLI, SORABA TQ. SHIVAMOGGA DISTRICT 3. JAYANANDA GOWDA MAJOR, S/O CHANNABASAPPA GOWDA, R/O VENKATAPURA, SHIVAMOGGA DISTRICT. ... RESPONDENTS (BY SRI.R CHANDRASHEKHAR, ADV. FOR R1 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.02.2016 PASSED IN MVC NO.536/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM, ADDITIONAL MACT-7, SHIVAMOGGA, AWARDING A COMPENSATION OF RS.3,45,000/- A/W WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, 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 lump sum of Rs.3,00,000/- (Rupees Three Lakhs Only) with interest at 6% p.a. from the date of petition till the date of deposit, instead of Rs.3,45,000/- with interest 6% 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 stands modified. Draw up the Award accordingly. Amount in deposit be transferred to the Tribunal forthwith.
Release and deposit of the amount shall be in terms of award of the Tribunal.
Sd/- JUDGE Sd/- MEMBER akd