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. 5388/2016 (MV) (Lok Adalat No. 6420/2017) BETWEEN Sri Suresh Bhandari S/o Late Rukmaiah Bhandari, aged 49 years, R/at Adarsha Nagar, Nidigal, Kalmanja Village, Belthangadi Taluk, D.K. District – 574 228. ... Appellant (By Sri Prasanna V.R.., Advocate) AND 1. Sri K.Shanmuka Priyan S/o K.R.Kittusami, Aged about 31 years, R/at Rajiv Gandhi Residential Colony, Church Road, Belthangadi Kasaba Village, Belthangadi Taluk, D.K.District – 574 214.
2. The Oriental Insurance Co. Ltd., Rep. by its Manager, Corporate and Registered Office, Oriental House, PB.No.7037, A-25/72, Asaf Ali Roa, New Delhi – 110002, Rep. by the Divisional Manager, Oriental Insurance Co. Ltd., Beauty Plaza, Balmata Road, Mangalore, D.K.Dist – 575 001. …Respondents (By Sri M.Narayanappa, Advocate for R-2, Notice to R.1 d/w. v.o. dated: 30.11.2017] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2016 PASSED IN MVC NO. 1018/2015 ON THE FILE OF SENIOR CIVIL JUDGE AND MEMBER OF MACT, BELTHANGADI, 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. 65,000/- (Rupees Sixty 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 Sd/- MEMBER Mkm