HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 2824/2015 (MV) (Lok Adalat No. 727/2017) BETWEEN:
Smt. Rathna W/o Vijaya Poojary, Aged about 46 years, R/at Hosavaklu Mane, Halavalli Village, Koteshwara Post, Kundapura Taluk, Udupi District – 576 201. ... Appellant (By Sri K.Prasanna Shetty, Advocate) AND:
1. Sri Ashok T.H.
S/o Huccha Veerayya, Aged about 35 years, R/at Harishchandra Compound, Matada Kani, 4th Cross, Sulthan Batheri, Boluru, Mangalore.
2. Future General India Insurance Co. Ltd., Pasadena, No.18/1, [Old 125/A], 3rd Floor, Ashoka Pillar Road, 1st Block, Jayanagara, Bangalore, Rep: by its Authorised Officer.
3. Sri Vijaya Poojary S/o Babu Poojary, Aged about 50 years, R/at near Masjid, Mallar Village, Kaup, Udupi Taluk. .. Respondents (By Sri B.Pradeep, Advocate for R-2, Notice to R.1 and R-3 d/w. v.o. dated: 24.08.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 29.01.2015 PASSED IN M.V.C. NO.574/2013 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE AND 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 ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – Future General India Insurance Company Ltd., along with its counsel 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 compensation of Rs. 3,25,000/- (Rupees Three Lakhs 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. Out of the enhanced compensation amount, 50% shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of 50% shall be released in favour of appellant on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Mkm Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER