HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.4196/2018 (Lok Adalat No.77/2019) BETWEEN:
SAMADI S/O NINGAPPA AGED ABOUT 26 YEARS OCC: COOLIE PERMANENT HUNASEKATTE VILLAGE BOMMANAHALLI POST CHITRADURGA TALUK AND DIST., PRESENT R/O INDUSTRIAL AREA, RAMANAGAR, DAVANAGERE-577001.
(BY SRI.R. SHASHIDHARA, ADVOCATE) AND:
1. YOGESH S/O ESHWARAPPA ….APPELLANT AGED ABOUT 57 YEARS R/O KAKNUR VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT-577213 DRIVER OF BUS BEARING NO.KA-16/C-7065.
2. SIDDAMMA W/O LATE M. REVANAPPA AGED ABOUT 72 YEARS R/O SIRIGERE VILLAGE CHITRADURGA TALUK AND DISTRICT, PIN-577501.
OWNER OF BUS BEARING NO.KA-16/C-7065.
3. THE MANAGER THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE D.NO.283/7 THILUVALLI COMPLEX NEAR ARUNA TALKIES 1ST FLOOR, P.B. ROAD DAVANAGERE-577001.
….RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R-3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.09.2017 PASSED IN MVC NO.207/2016 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND 5TH MACT, DAVANAGERE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 21.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `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. Said amount of `1,00,000/- shall be released in favour of appellant on proper identification.
3. 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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- JUDGE RU