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.1096/2019 (Lok Adalath No.415/2019) BETWEEN:
PRAKASH G.R S/O N. RAJU AGED ABOUT 30 YEARS R/AT B. GOWDAGERE VILLAGE MANDYA TQ & DIST – 571 411.
(BY SRI. SREENIVASAN M.Y., ADVOCATE) AND:
1. SHREESHA N.N S/O NAGENDRA MAJOR, R/O D NO.201 SRI. SAIRAM ENCLAVE UTTARAHALLY MAIN ROAD UTTARAHALLY BANGALORE – 560 061.
... APPELLANT 2. SHREESHA N.N S/O NAGENDRA MAJOR, R/AT NO.624 10TH CROSS PADMANABHANAGAR BANGALORE-560070 3. THE DIVISIONAL MANAGER DO-2 ORIENTAL INSURANCE CO LTD., MUSLIM HOSTEL COMPLEX OPP FIRE BRIGADE SARASWATHIPUAM MYSORE - 570 005.
... RESPONDENTS (BY SRI. E.S. INDERESH., ADVOCATE FOR R-3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.08.2018 PASSED IN MVC NO.140/2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & CJM, MANDYA, 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 07.02.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the 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 Company has agreed to pay a global compensation of ` 1,65,000/- (Rupees One Lakh Sixty 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. Out of the compensation awarded, Rs.1,25,000/- shall be released in favour of appellant on proper identification. Balance amount of Rs.40,000/- shall be kept in a fixed deposit in any Nationalised Bank or Scheduled Bank of appellant’s choice for a period of five years and appellant is entitled to draw periodical interest.
4. 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.
5. 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 sp*