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 JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER BETWEEN M.F.A.No. 10656/2013 (MV) (Lok Adalat No. 34/2019) P. NISHIDHA @ NISHIDHA JAGDALE D/O VASANTHI JAGDALE AGED ABOUT 26 YEARS R/AT NO. 5, 14/1, MARUTHI KRUPA SBM COLONY, BEHIND SHANTHI NAGAR SUBRAMANYAPURA MAIN ROAD BENGALURU – 560 067 PERMANENT ADDRESS:
NO.5, UTTARAHALLI BENGALURU SOUTH BENGALURU – 560 061.
(BY SRI R.CHANDRASHEKHAR – ADV.) AND 1. P. SUKANANDA SHETTY MAJOR PROPRIETOR M/S CHITHARY CONSTRUCTIONS NO.526, BILEKAHALLI ... APPELLANT BANNERGHATTA ROAD BENGALURU – 560 076.
2. THE MANAGER THE ORIENTAL INSURANCE CO. LTD., NO.22, V.C. PLAZA, DVG ROAD BASAVANAGUDI BENGALURU – 560 004.
... RESPONDENTS (BY SRI ASHOK .N. NAYAK – ADV., FOR R-2;) NOTICE TO R.1 D/W V/O DT:09.01.2019) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2013 PASSED IN MVC NO. 7176/2011 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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-Claimant and the learned Counsel for the Respondent–Oriental Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellant–Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump-sum of Rs.75,000/- (Rupees Seventy Five Thousand only), in addition to what has been 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 Respondent – 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 entire enhanced compensation amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of the appellant for a period of one year with a liberty to draw the interest periodically.
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 KPS