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 M.F.A.No. 5030/2017 (MV) (Lok Adalat No. 2368/18) SRI PREM KUMAR S/O LATE DEVARAJU AGED ABOUT 19 YEARS R/AT NO. 222, RAYAN NAGARA NELAMANGALA BENGALURU RURAL DISTRICT PIN-562123.
(BY SRI P. SHIVAKUMAR – ADV.) AND 1. THE ORIENTAL INSURANCE CO. LTD., NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU-560 001 REP. BY IT’S MANAGER 2. SRI. K.P. PRADEEP S/O N. PRAKASH NO.40, KOYIRA (V & P) DEVANAHALLI TALUK ... APPELLANT BENGALURU RURAL DISTRICT PIN-562110.
3. SRI NARAYANA SWAMY S/O BHAYANNA NO.2, NANDIBELE VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN – 562110.
(BY SRI.B.C. SEETHARAMA RAO – ADV., FOR R.1; NOTICE TO R.2 & R.3 D/W V/O DT:04.12.2017) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2017 PASSED IN MVC NO. 761/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER-MACT, BENGALURU, 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 global compensation of Rs.2,70,000/- (Rupees Two Lakh 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-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