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. 10237/2011 (MV) (Lok Adalat No. 4843/2017) BETWEEN Sri P.A.Babu Aged 55 years, s/o Late Angara, r/o Athithope Estate, Guyya Village, Siddapura Post, Virajpet Taluk, Kodagu District. ... Appellant (By Sri Harish Ganapathy, Advocate) AND 1. Sri Thyagaraj, Driver Aged 42 years, s/o Late Raju, R/o Ponnathamotte, Chettalli Post, Somwarpet Taluk, Kodagu District.
2. Sri P.S.Hussain, Aged 45 years, s/o Sulaiman, S/o Ponnathamotte, Chettalli Post, Somwarpet Taluk, Kodagu District.
3. The Branch Manager, Oriental Ins. Co. Ltd., Madikeri Branch, Madikeri Town, Kodagu District.
4. Sri H.P.Ramu S/o Puthra, aged 45 years, R/o Guyya Village, Siddapura, presently residing at Karadigodu Village, Siddapura, Virajpet Taluk, Kodagu District.
5. The Branch Manager, Oriental Insurance Co. Ltd., Virajpet Branch, 1st Floor, Badsha Building, near Clock Tower, Virajpet Town, Kodagu District. …. Respondents (By Sri V.Padmanabha Kedilaya, Advocate for R-1 and R-2, Sri K.Poornabodha Rao, Advocate for R-3 and R-5] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2011 PASSED IN MVC NO. 21/2010 ON THE FILE OF CIVIL JUDGE [SR.DN] AND MACT, VIRAJPET, 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. 70,000/- (Rupees Seventy 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