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 JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER BETWEEN SRI NAVEEN T.D. S/O DAYANANDA M.F.A.No. 6180/2018 (WC) (Lok Adalat No. 208/2019) AGED ABOUT 24 YEARS R/O THIMMANNA GAREHATTY CHITRADURGA-577501.
(BY SRI SPOORTHY HEGADE NAGARAJA- ADV.,) AND 1. ORIENTAL INSU. CO. LTD., BY ITS BRANCH MANAGER BRANCH OFFICE, SHARADA COMPLEX OPP. KSRTC BUS STAND CHITRADURGA – 577501.
2. PANDU @ T.M. PANDURANAPPA AGED ABOUT 44 YEARS OWNER OF MARUTHI OMNI NO. KA-18-M-8308 R/O M. THIMMAIAH BEEDI ... APPELLANT TARIKERE TOWN CHIKKAMAGALORE DIST.-577228.
... RESPONDENTS (BY SRI. H.S. LINGARAJU – ADV., FOR R-1; NOTICE TO R.2 D/W V/O DT:01.02.2019) THIS MFA FILED U/S 30 (1) OF WC ACT AGAINST THE JUDGMENT AND AWARD DATED 06.01.2018, PASSED IN ECA NO. 102/2014, ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER FOR COMPENSATION, CHITRADURGA, 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–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.1,65,000/- (Rupees One Lakh 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.
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 KPS