HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.9411/2011 (Lok Adalath No.4846/2017) BETWEEN:
SRI. PRASHANTH VAIDYA S/O VISHWANATH VAIDYA R/AT MOOKAMBIKA NILAYA GOLIYANGADY POST BELVE, KUNDPAUR TALUK – 576 201. (BY SRI. MAMATHA ROY, ADVOCATE) AND:
1. SRI. SHEKAR S/O AITHAPPA POOJARY AGED: MAJOR RESIDING AT KINNIMAJALU HOUSE KUNYA VILLAGE, PUTTUR D.K.
2. SMT. SUMATHI W/O K.K. CHANDRA KOTIYAN R/AT JAYANAGAR MORALI KULSHEKAR ... APPELLANT MANGALORE – 575 001.
(EX-PARTE BEFORE THE TRIBUNAL) 3. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., BHARATHI BUILDINGS, P.M. RAO ROAD MANGALORE – 575 001.
4. MR. VINAYA K.V S/O K. VENKATARAMANA AGED: MAJOR, R/AT KALAPALLI HOUSE, HALEMAJALU POST SULLIA TALUK, D.K – 574 239 (EX-PARTE BEFORE THE TRIBUNAL) 5. THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE: KRISHNA BUILDING MAIN ROAD, SULLIA D.K.
DISTRICT – 574 239. ... RESPONDENTS (BY SRI. E.R. DIWAKAR., ADVOCATE R-3 AND R-5; R-1, R-2, R-4 ARE SEVERD AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.3.2011 PASSED IN MVC NO.607/2005 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 02.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled.
Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of ` 1,25,000/- (Rupees One Lakh Twenty 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. Entire amount shall be released in favour of appellant on proper identification.
3. 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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER sp*