HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.575/2019 (MV) (LOK ADALATH NO.2730/2019) BETWEEN:
Sri. Prakash, S/o Late Puttaswamaiah, Aged about 33 years, Baleattiguppe Village, Kasaba Hobli, Pandavapura Taluk, Mandya Dist.. ...Appellant (By Sri. G.K. Yogesha, Advocate) AND:
1. Nanjundappa, S/o Chikkavenkatappa, Rampura Village, Veeragunagara Post, Bengaluru - 560 049.
2. The Oriental Insurance Co. Ltd., No.203, Shop No.13, 2nd Floor, 80 feet Road, Kalyan Nagar, Opp. St. George College of Nursing, Near Sub-Register Office, Banasavdi, Bengaluru - 560 043. ...Respondents (By Sri. K. Suresh, Advocate for R.2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.12.2017 PASSED IN MVC NO.1598/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE & JMFC, PANDAVAPURA, 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 appearing for the Appellant - Claimant and 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 respondent 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.1,30,000/- (Rupees One Lakh Thirty 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 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/-
ACTING CHIEF JUSTICE Sd/- MEMBER LL