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.3468/2018 (Lok Adalat No. 414/2019) BETWEEN:
SRI. SHIBU @ JOSEPH S/O LATE THOMAS AGED ABOUT 49 YEARS R/O NELLIMARKAL HOUSE NEAR MAIDAN MUDURU VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT.
..APPELLANT (BY SRI.K. PRASANNA SHETTY, ADVOCATE) AND:
1. SMT. BINDU W/O LATE K.G. SANTHOSH AGED ABOUT 33 YEARS R/O KOLANGADA HOUSE UDAYA NAGARA MUDURU VILLAGE AND POST KUNDAPURA TALUK.
2. THE ORIENTAL INSURANCE COMPLANY LTD., REP. BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE VISHNU PRAKASH, COURT ROAD, UDUPI.
….RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2018 PASSED IN MVC NO.123/2017 ON THE FILE OF THE ADDL. DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, 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 `30,000/- (Rupees Thirty 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. Said amount of `30,000/- 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 RU