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:
M.F.A.No.7747/2019 (MV) (Lok Adalat No.3517/2019) RAJASHEKAR GOWRI, S/O MAHARUDRA GOWRI, AGED ABOUT 42 YEARS, R/AT NO.2538, 7TH MAIN ROAD, RPC LAYOUT, BENGALURU – 560 040. ... APPELLANT (BY SRI. K. SHANTHARAJ, ADVOCATE) AND:
1. FRANCIS MATHEW, S/O P.V.MATHUEW, AGED MAJOR, R/AT SIDDESHWARA BADAVANE, SURALI BALE BAILU, TIRTHAHALLI TALUK, SHIMOGA DISTRICT – 577 432.
2. THE ORIENTAL INSURANCE COMPANY LIMITED, BY ITS REGIONAL MANAGER, NO.44/45, REGIONAL OFFICE, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU – 560 025. ... RESPONDENTS (BY SRI. C.SHANKAR REDDY, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.06.2019 PASSED IN MVC NO.417/2017, ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & XXXIV ACMM., COURT OF SMALL CAUSES, MEMBER, MACT – 7, BENGALURU, 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 Respondent ORIENTAL INSURANCE CO. LTD., has agreed to pay a lump-sum of Rs.3,00,000/-(Rupees Three Lakhs 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.3,00,000/-(Rupees Three Lakhs 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. Out of the enhanced compensation amount, 40% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued interest periodically and remaining 60% shall be released in his favour, 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/-