HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A. No.5909/2019 (WC) (Lok Adalat No.3351/2019) BETWEEN:
Sri Manjappa, S/o Shanthaveerappa, Aged about 39 years, R/o Kodagavalli Village, B.Durga Hobli, Holalkere Taluk, Chitradurga – 577 501. ... Appellant (By Sri. Manjunath N.D., Advocate) AND:
1. Rathna A.R.
S/o Shivamurthy, Major, Owner of Car bearing No.KA-16/A-8287, R/o Kodagavalli Village, B.Durga Hobli, Holalkere Taluk, Chitradurga District – 577 501.
2. The Divisional Manager, Oriental Insurance Co. Ltd., Thiluvalli Complex, 2nd Floor, P.B.Road, Davangere. ... Respondents (By Sri/Smt. K. R. Sathyaprabha, Advocate for R.2) THIS MFA IS FILED U/S 30(1) OF E.C. ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2018 PASSED IN E.C.A. NO. 10/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & M.A.C.T., HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the Second Respondent – Oriental Insurance Company Limited, along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the Second respondent-insurance company has agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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/claimant, 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