HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B.VEERAPPA & SRI M.N.UMASHANKAR, MEMBER M.F.A.No. 6978/2016 (MV) (Lok Adalat No. 6270/2017) BETWEEN Sri Sunil Pai S/o Narasimha Pai, Aged about 25 years, R/at 181, 4th Cross, M.E.I. Colony, 10th Main, Laggere, Bangalore – 86. ... Appellant (By Sri Dharmapal., Advocate) AND 1. The Oriental Insurance Co. Ltd., Malleshwaram Branch, Yethiraja Mutt Building, 1st Floor, 199, 2nd Main Road, Malleshwaram, Bangalore – 560003, Rep. by its Manager.
2. Sri Kumar S/o Sannegowda, Aged about 36 years, Siddaiahnakoppal, Kothati Hobli, Yaliour Post, Mandya Taluk, Dist – 571 401.
3. Sri Narayana Rao R.Mannay, Father’s name not known Major, R/at No.12th Main, Banashankari, 2nd Stage, Bangalore – 70.
[Reg. Owner of the Tempo Traveler] …Respondents (By Sri S.Srishaila, Advocate for R-1, Notice to R-2 d/w. v.c.o. dated 30.11.2017] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2016 PASSED IN MVC NO. 4262/2012 ON THE FILE OF XXII ADDL. SMALL CAUSES JUDGE AND XX ADDL CHIEF METROPOLITAN MAGISTRATE AND MEMBER MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant 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 lump sum of Rs. 2,75,000/- (Rupees Two Lakhs Seventy 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.
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, 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 Mkm Sd/- MEMBER