HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER BETWEEN M.F.A.No.4585/2016 (Lok Adalat No.6294/2017) SRI. BHUJANGA ACHARYA S/O VYASARAYA ACHARYA AGED ABOUT 57 YEARS R/AT GAYATRI NILAYA KADIKAMBLA, SHIRVA VILLAGE, UDUPI TALUK AND DISTRICT – 576101.
(By SRI.NAGARAJA HEGDE, ADV.) AND 1. SRI. DOMINIC MATHIAS, S/O LATE PASCAL LARNENCE MATHIAS AGED ABOUT 62 YEARS R/AT HOSAHITHLU HOUSE, MULLADKA VILLAGE, MUNDKOOR POST KARKALA TALUK, UDUPI DISTRICT – 576101.
2. SR. JEROM D’SOUZA, AGED ABOUT 49 YEARS, S/O JHON D’SOUZA, R/AT D’SOUZA COTTAGE, SHANKARAPURA, SHIRVA UDUPI TALUK AND DISTRICT – 576101.
... APPELLANT 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE: 2ND FLOOR, SRIRAMA ARCADE HEAD POST OFFICE, UDUPI DISTRICT – 576101 REP. BY ITS BRANCH MANAGER.
... RESPONDENTS (By SRI. KRISHNAMOORTHY D. ADV. FOR R1.
R2 SERVED BUT UNREPRESENTED. SRI. M.P. SRIKANTH, ADV. FOR R3.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.07.2015 PASSED IN MVC NO. 866/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company 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.65,000/- (Rupees Sixty Five 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 and the same shall be released in favour of the appellant.
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 PMR Sd/- MEMBER