HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A. No. 8627/2013 (MV) (Lok Adalat No.909/2019) C/W M.F.A. No. 6032/2013 (MV) (Lok Adalat No. 1643/2019) IN MFA NO. 8627/2013 BETWEEN:
Sri Selvaraj, S/o Armugam, Aged about 29 years, R/at. Thrithagiri Nilaya, Behind Sapthagiri Badavane, Sira Town – 572 137, Tumkur District. ... Appellant (By Sri V.B.Siddaramaiah, Advocate) AND:
1. The Oriental Insurance Co. Ltd., Issue Office name: B.O.Peenya, VP-IV, 1st ‘A’ Cross, Police Station Road, 1st Stage, Peenya Industrial Estate, Bangalore – 560 068, Rep. by its Branch Manager.
Address for Service:
The Oriental Insurance Co. Ltd., 1st Floor, TGMA Building, J.C.Road, Tumkur – 572 101, Rep. by its Branch Manager.
2. Sri N.M. Somanatha, S/o Muniyappa, Aged about 41 years, r/at. No.12/B, 1st Main, 1st Cross, Sapthagiri Layout, Vidyaranyapura, Bangalore – 560 097.
Also residing at:
Kuppuswamy Garden, 4th Cross, Amarjyothi Nagar, 2nd Main, Hebbal, Bangalore – 560 024. ... Respondents (By Sri R.Gunashekar, Advocate for R.1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2013 PASSED IN MVC NO. 276/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND & ADDL. MACT, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 6032/2013 BETWEEN:
The Oriental Insurance Co. Ltd., B.O.Peenya, VP-IV, 1st ‘A’ Cross, Police Station Road, 1st Stage, Peenya Industrial Estate, Bangalore – 560 058, Rep. by its Authorized Officer, Regional Office, No.44/45, IV Floor, Leo Shopping, Residency Road Cross, Bengaluru – 560 025. ... Appellant (By Sri R.Gunashekar, Advocate) AND:
1. Sri Selvaraj, S/o Armugam, Aged about 29 years, R/at. Thrithagiri Nilaya, Behind Sapthagiri Badavane, Sira Town – 572 137.
2. Sri N.M. Somanatha, S/o Muniyappa, Aged about 41 years, r/at. # 12/B, 1st Main, 1st Cross, Sapthagiri Layout, Vidyaranyapura, Bangalore – 560 097.
Also residing at:
Kuppa Swamy Garden, 4th Cross, Amarjyothi Nagar, 2nd Main, Hebbal, Bangalore – 560 024. … Respondents (By Sri V.B.Siddaramaiah, Advocate for R.1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.03.2013 PASSED IN MVC NO. 276/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND & ADDL. MACT, SIRA, AWARDING A COMPENSATION OF RS. 4,32,128/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIAZATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Respondent No.1 – Oriental Insurance Co. Ltd. and the learned Counsel for the Appellant – claimant and along with its representative are present.
2. After prolonged negotiations, the matter is settled. The First respondent – Insurance Company has agreed to pay and Appellant - claimant has agreed to receive a lump-sum of Rs. 4,85,000/- (Rupees Four Lakhs Eighty Five Thousand only) instead of Rs.4,32,128/- with interest @ 6% p.a., 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 First 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. The amount if, any deposited before this Court shall be transferred to the Tribunal.
4. The apportionment, deposit and release of the modified compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
5. Miscellaneous First Appeal No. 8627/2013 filed by the Appellant – claimant stands disposed of in terms of the joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA 8627/2013, connected case in MFA 6032/2013 filed by the Insurance Company is hereby disposed of. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER Mkm*