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 BETWEEN Manager, M/s. Oriental Insurance Company Limited, Krishnaprasad Building, 3rd Floor, M.G.Road, Lalbagh, Mangalore, Now rep. by its Regional Office, No.44/45, Leo Shopping M.F.A.No.3879/2019 (EC) (Lok Adalat No.938/2019) Complex, Residency Road, Bengaluru – 560 025, Rep. by its Authorized Signatory. … Appellant (By Sri A.M.Venkatesh, Advocate) AND:
1. Sri Sebastin, S/o A.V. Verghese, Aged about 35 years, R/o Kalanja Village, Belathangadi Taluk, Dakshina Kannada District.
Sri K.M. Sadashiva Rao, Since dead Rep. by his wife and Legal Representative, 2. Smt. Deepa, W/o late Sadashiva Rao, PVS Centenary Building, Kodial Bail, Mangalore, (Owner of Lorry bearing Reg.No.KA-19/C-9331). Respondents (By Sriyuths Shripad V. Shastri & K.V. Naik, Advocates for R.1) THIS MFA FILED U/S 30(1) OF E.C. ACT AGAINST THE JUDGMENT AND AWARD DATED 27.10.2018 PASSED IN E.C.A. NO.16/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & J.M.F.C., CHANNARAYAPATNA, AWARDING COMPENSATION OF RS.11,04,156/- WITH INTEREST @ 12% P.A., FROM 18.11.2013 TILL THE DATE OF PAYMENT.
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 Respondent No.1 – 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 respondent No.1 (being authorized by the respondent No.1 to sign) and the learned advocate appearing for the Appellant - insurance company and its authorized officer is filed. The respondent No.1-claimant has agreed to receive and the appellant-insurance company has agreed to pay a lump-sum of Rs.14,50,000/- (Rupees Fourteen Lakh Fifty Thousand only) instead of Rs.11,04,156/- with interest at 12% 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 this Court 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 deposit and release of the award amount shall be made in terms of 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 Mkm*