HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE S.G. PANDIT & SRI. N.DINESH RAO, MEMBER M.F.A.No. 4087/ 2018 (MV) (Lok Adalat No. 2666/2018) BETWEEN Sri. Manjunatha Das, S/o. Prabhakar Das, Aged about 46 years, R/o. Goddumakki, Thombattu Machchattu Village, Kundapura Taluk-576201. ... Appellant (By Sri. Nagaraja Hegde, Advocate) AND 1. Sri. Rajeev Shetty, S/o. Havali Shetty, Aged about 61 years, R/o. Harkebalu, Siddapura Village, Kundapura Taluk-576201.
2. The New India Assurance Co. Ltd., Kundapura Branch, First Floor, Pushpa Building, Main Road, Kundapura-576201. Rep. by its Branch Manager. ... Respondents (By Sri. P B Raju, Advocate for R.2 Notice to R.1 d/w v/o dt: 06.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.01.2018 PASSED IN MVC NO.839/2015 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant - claimant and the learned Counsel for the Respondent – New India Assurance 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 global compensation of Rs.35,000/- (Rupees Thirty 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.
4. The entire enhanced compensation amount shall be released in favour of the 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 Sd/- MEMBER RB