HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 1738/2014 (MV) (Lok Adalat No. 2098/2017) BETWEEN Rajesh K.Rai Aged abut 41 years, S/o Ganesh Rai, r/at Shri Ganesh Leela, 5th Cross Road, Radhakrishnanagara, Padavinangady perlaguri Kavoor Village, Mangalore Taluk – 575 008. ... Appellant (By Sri Ranjan Kumar K., Advocate) AND 1. B.Nagendra Nayak, S/o B. Madhava Nayak, Major, r/o Door No.5/19B Narasimha Kripa, Daivagudde, Bantwala – 574 211.
2. The Manager, United India Insurance Co. Ltd., Varanashi Towers, Mission Street, Bunder, Mangalore – 575 001. ... Respondents (By Sri K.N.Srinivas directed to take notice for R-2, Notice to R-1 d/w v.c.o. dated: 12.01.2015] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.07.2013 PASSED IN MVC NO. 247/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND 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 BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – United India 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. 1,15,000/- (Rupees One Lakh Fifteen 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 entire enhanced compensation amount shall be disbursed in favour of the appellant, on proper identification.
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.
Sd/- JUDGE Mkm/Rbv Sd/- MEMBER