HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 669/2017 ( MV) (Lok Adalat No.372 /19) BETWEEN SADANANDA SHEREGAR AGED ABOUT 51 YEARS S/O LATE PANDURANGA SHEREGAR R/O PANDU MANE CHIKKENSAL ROAD KUNDAPURA TALUK UDUPI DISTRICT-576 201.
(BY SRI PAVANA CHANDRA SHETTY H. - ADVOCATE) AND 1. SUBHASH POOJARY AGED ABOUT 40 YEARS S/O LOKAYYA POOJARY R/O APARNA NILAYA NEAR HUNSEKATTE BOBBARYA TEMPLE B. C. ROAD, VADERAHOBLI KUNDAPURA TALUK UDUPI DISTRICT-576 201.
... APPELLANT 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE: KUNDAPURA MASTI TOWER, NEAR MASTHIKATTE MAIN ROAD KUNDAPURA TALUK UDUPI DISTRICT – 576101 REP. BY ITS MANAGER.
... RESPONDENTS (BY SRI S.VISHWAJIT SHETTY – ADV. FOR R.1, SRI K. SURESH – ADV. FOR R.2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2016 PASSED IN MVC NO. 686/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPNESATION.
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.50,000/- (Rupees Fifty 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 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 KPS