HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.8587/2013 (Lok Adalath No.2732/2018) BETWEEN:
MR. PADIAPPA S/O. LATE KARIYAPPA, AGED 23 YEARS, R/AT DOOR NO.3/404/5(2), BASAVANAGARA, MARAKADA, KUNJATHBAIL VILLAGE, KAVOOR POST, MANGALORE TALUK, D.K. DISTRICT, PIN-575 007 ...APPELLANT (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE) AND:
1. SMT. ANITHA W/O. SHEKARA AGED ABOUT 39 YEARS, R/AT DOOR NO.3-5/40, WARD NO.8, MAROLI, MANGALORE, D.K.DISTRICT, PIN-575 008 2. NATIONAL INSURANCE CO. LTD., OFFICE AT: 1ST FLOOR, EMJAYS COMPLEX, OPP: NETHRAVATHI BUILDING, BALMATTA, MANGALORE, D.K.DISTRICT, REP. BY ITS BRANCH MANAGER, PIN-575 001 3. MR. SATHISH SHETTY S/O. SOMAPPA SHETTY, AGED ABOUT 43 YEARS, R/AT DOOR NO.2-174/1, KINNIKAMBLA HOUSE, KOLAMBE, MANGALORE TALUK, D.K.DISTRICT, PIN-575 009 4. ICICI LOMBARD INSURANCE CO. LTD. OFFICE AT: ZENITH HOUSE, KESHAVRAO KHADE MARG, MAHALAXMI, MUMBAI, REP. BY ITS BRANCH MANAGER PIN 400 034 …RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R-2; SRI. B. PRADEEP, ADVOCATE FOR R-4;
NOTICE TO R-1 & R-3 DISPENSED WITH V/O/D 30.08.2017) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2013 PASSED IN MVC NO.1850/2010 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 21.12.2018, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for the appellant and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Companies have agreed to pay a global compensation of `1,25,000/- (Rupees One Lakh Twenty 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. Entire award amount is ordered to be released in favour of appellant on proper identification.
4. Order for deposit and apportionment made by the Tribunal will also hold good for enhanced compensation.
5. 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.
6. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER DR