HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY & SMT. M.JYOTHI, MEMBER M.F.A.No. 1012/2010 (MV) (Lok Adalat No. 3862/2017) BETWEEN Smt. Shamanthakamani W/o Huchchappa, Aged 51 years, Resident of Mahalakshminagar, Near Batawadi, Tumkur – 572 101. ... Appellant (By Sri N. Srinivas, Advocate) AND 1. Syed Samee Ulla S/o Firoz, Aged about 27 years, Resident of Poor House Colony, Tumkur – 572 101.
2. United India Insurance Co. Ltd., Divisional Office, 2nd Floor, Jayadeva Complex, B.H. Road, Tumkur – 572 101. ... Respondents (By Sri. B.A. Ramakrishna, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2007 PASSED IN MVC NO. 827/2001 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, AND MACT, TUMKUR, FASTENING THE LIABILITY ON THE APPELLANT AND SEEKING FOR SETTING ASIDE THE SAME.
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 – Owner and the learned Counsel for the respondent – United India Insurance Co. Ltd. along with its representative are present.
2. The above said appeal has been filed by the Owner against the claimant and the Insurance Company challenging the liability imposed on the appellant by the learned Tribunal. There is a delay of 953 days in filing the above appeal. The learned Counsel for the appellant and the appellant – Owner have filed Memo of Undertaking stating that the appellant – owner undertakes to pay the interest on the award amount for the delayed period of 953 days in preferring this appeal. The respondent - Insurance Company has admitted the liability and agreed to pay the Tribunal Award amount with interest at 6% p.a. from the date of petition till deposit (excluding the interest for the delayed period of 953 days in filing the appeal) and has no objection for the same. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent – Insurance Company and the appellant have agreed to deposit the award amount and the interest for the delayed period of 953 days respectively 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. The amount if any, deposited before this Court is directed to be transferred to the jurisdictional Tribunal forthwith.
4. 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 Rbv Sd/- MEMBER