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. 9901/2011 (MV) (Lok Adalat No. 4497/2017) BETWEEN:
Sri. A.S. Manjunatha @ Manju S/o Siddegowda, Aged 37 years, R/o No.308, Soppina Beedi, Arakere, Srirangapatna Taluk, Mandya – 571 423. .. Appellant (By Sri. R. Pramod, Advocate) AND:
1. The Partner, Shaw Spares and Services, Sriharsha Road, Mysore-571 405.
2. The Branch Manager, The Oriental Insurance Co. Ltd., CBO 2, Mysore, Branch Office: No.2, Post No.210, No.618, Chamaraja Double Road, Mysore – 570 024. .. Respondents (By Sri. Omkumar, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 27.09.2012) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 24.06.2011 PASSED IN M.V.C. NO.75/2010 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR. DVN.) AND MACT, SRIRANGAPATNA, 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 – Oriental 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. 1,15,000/- (Rupees One Lakh Fifteen 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 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.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv/Mkm