HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.2166/2019 (MV) (Lok Adalat No.679/2019) BETWEEN Ragavendra K, S/o Krishnappa, Aged about 49 years, R/at H. No.619 Kamthiyarbettu, Hodralli, Koteshwara Village, Kundapura Taluk, Udupi District. ... Appellant (By Sri. Manjunath N.D, Advocate) AND 1. Thangela Sridhar, S/o T. Dasharatham, Aged about 32 years, R/of Charakonda Village, Vanguru Mandala, Mehaboob Nagar Dist., Telangana State.
2. The Oriental Insurance Co. Ltd., Kundapura Branch, II Floor, Y.M. Shetty Road, Kundapura, By its Branch Manager. …Respondents (By Sri. A.M. Venkatesh, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.10.2018 PASSED IN MVC NO.1039/2016 ON THE FILE OF THE ADDL. DISTRICT JUDGE & ADDL. MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, 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.9,25,000/- (Rupees Nine 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. 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per 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.
The learned counsel, Sri. A.M. Venkatesh is permitted to file vakalath within two weeks on behalf of the respondent No.2.
Sd/- JUDGE Sd/- MEMBER LL