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.2634/2018 (MV) (Lok Adalat No.307/2019) BETWEEN Mrs. Rathna Sherigar, W/o Baccha Sherigar, Aged about 47 years, R/at Challante, Shivapura Village, Karkala Taluk, Udupi District - 574 104. ... Appellant (By Sri. Sachin B.S, Advocate) AND 1. Shankar, S/o Aithu Poojary, R/at Flat No.301, 3rd Floor, Mandavi Enclave, Ambalpady, Udupi - 576 103.
2. The Oriental Insurance Co. Ltd., Rep. by its Divisional Manager, II Floor, Vishnu Prakash Building, Court Road, Udupi - 576 101. …Respondents (By Sri. Y.K. Sheshagiri Rao, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.10.2017 PASSED IN MVC NO.832/2015 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & ADDL. MACT, UDUPI, 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.1,32,000/- (Rupees One Lakh Thirty-two 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. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant - claimant for a period of two years with a liberty to withdraw the accrued interest periodically and the remaining 50% shall be released in her favour, 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 Sd/- MEMBER LL