HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SRI. VIJAYAKUMAR MAJAGE., MEMBER BETWEEN M.F.A.No. 6358/2018 (MV) (Lok Adalat No.2216/2018) S N Nagesh S/o Narayana, Aged 42 years, R/o Gosegowdara Beedi, Srirangapatna Town, Mandya District-571 438.
(By Sri.M.Y.Sreenivasan, Advocate) AND 1. Shankara S/o Ramu, Major, R/at No.5th Cross, Opp.Jayalakshmi Talkies, Maruthinagara, Guttal Road, Mandya-571 401.
2. The Branch Manager, United India Insurance Co. Ltd., Kambli Building, M.R.Road, Mandya-571 401.
... Appellant 3. Selva Kumar, Major, No.63, Vaddarapalya, 8th Phase, Gotigere, Bengaluru-560 076.
(By Sri. Jwalakumar for R2;
Vide Court order dated 28.11.2018, notice to R1 and R3 Is dispensed with) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2018 PASSED IN MVC NO.876/2016 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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 claimant-appellant and the learned Counsel for the Respondent – United India Insurance Co., Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – United Insurance Company has agreed to pay a lump sum of Rs.1,00,000/- (Rupees One Lakh 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 released in favour of the appellant – claimant, 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 ag