HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ & SRI A.K.BHAT, MEMBER BETWEEN:
Mr.Prabhakar Shetty M.F.A.No.609/2014 (MV) (Lok Adalat No.984/2019) S/o Late Aanda Shetty @ Shivarama Shetty Aged 43 years Residing at “Shreyas Nivas” Gandhiji Road, Marry Hill Konchady, Manglore-6. ... Appellant (By Sri Sandesh Shetty T., Advocate) AND:
1. Mr.Vinod C.K Madival S/o Mr.C.Krishna Madival Saakrubag, G.K.Road Baithkol, Arga Karwar – 563 128.
2. The Oriental Insurance Co. Ltd., Dwaraka, 2nd Floor 79, Uttamar Gandhi Salai Chennai Tamil Nadu – 600 003.
3. Mr. Sathyapal Shetty S/o T.Ramesh Shetty R/at 8-85-1, Athaji Ujire Post Belthangady Tq. -574 214.
4. The National Insurance Co. Ltd. D.O.II, Rasik Chamber Opposite Central market Mangalore Taluk – 575 001. … Respondents (By Sri Poornabhodha Rao, Advocate for R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.02.2013 PASSED IN MVC NO.516/2007 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS, MEMBER, MACT-4, D.K, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER This Miscellaneous First Appeal filed against the Judgment and Award passed by the above Tribunal having been referred to Lok Adalath by the Court coming on for settlement before Lok Adalat on 14.12.2019 in the presence of the Officers of the Oriental Insurance Company Limited and advocates appearing for the respective parties, for the reasons stated in the Conciliation Order.
2. The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the second Respondent - Oriental Insurance Company Limited along with its representative are present.
3. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed, which reads as under:
“The appellant has agreed to receive and the respondent ORIENTAL INSURANCE CO. LTD., has agreed to pay a lump-sum of Rs.60,000/- (Rupees Sixty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
The Respondent ORIENTAL INSURANCE CO. LTD., 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 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost.”
4. The appellant-claimant has agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.60,000/- (Rupees Sixty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
5. The second 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. The entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification.
7. 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 NR/-