HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No. 397/2012 (MV) (Lok Adalat No. 5647/2017) BETWEEN Sri Deekshith Shetty S/o Devaraj Shetty, Aged about 19 years, R/at Thandolike Padpu Mangalore Taluk. ... Appellant (By Sri Chandranath Ariga, Advocate) AND 1. Mrs. Susheela, Aged about 56 years, w/o V.K.Srinivas, R/at Door No.7/14, 13 Near Shri Rama Bhajana Mandir Ashok Nagar, Urwa Store, Mangalore.
2. The Branch Manager, Oriental Ins. Co. Ltd., Krishna Prasad Building, 3rd Floor, M.G.Road, Lalbagh, Mangalore. ... Respondents (By Sri H.S.Lingaraju, Advocate for R-2, R.1 Sd, but unrepresented] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2011 PASSED IN MVC NO. 621/2010 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE, MEMBER, MACT, MANGALORE, D.K., 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 claimant-appellant 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. 80,000/- (Rupees Eighty 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, 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 Mkm Sd/- MEMBER