HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ & SRI A.K.BHAT, MEMBER M.F.A.No.921/2019 (MV) (Lok Adalat No.3362/2019) BETWEEN:
SRI. SWAMY GOWDA, S/O RAJEGOWDA, AGED ABOUT 45 YEARS, R/O BAGESHPURA VILLAGE, GANDASI HOBLI, ARASIKERE TALUK.
PRESENTLY R/AT C/O MALLESH, S/O MANJEGOWDA, KITTANAKERE VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT – 573 201. ... APPELLANT (BY SRI. H.J.ANANDA, ADVOCATE) AND:
1. SRI. THAMMAIAH, S/O MALLEGOWDA, AGED ABOUT 40 YEARS, R/AT GOWRIKOPPALU, 1ST CROSS, PAYANNA VATTARA, HASSAN – 573 201.
2. THE MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, S.S.COMPLEX, SUBHASH SQUARE, HASSAN – 573 201. ... RESPONDENTS (BY SRI.K.R.SATYAPRABHA, ADVOCATE FOR R2 NOTICE TO R1 IS D/W V/O DTD: 07.11.2019) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.09.2018, PASSED IN MVC NO.1023/2017, ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER This Miscellaneous First Appeal filed against the Judgment and Award passed by the above Tribunal having been referred to Lok Adalath by the Court coming on for settlement before Lok Adalat on 14.12.2019 in the presence of the Officers of the Oriental Insurance Company Limited and advocates appearing for the respective parties, for the reasons stated in the Conciliation Order.
2. The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the second Respondent - Oriental Insurance Company Limited along with its representative are present.
3. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second Respondent-Insurance Company and its authorized officer is filed, which reads as under:
“The Appellant has agreed to receive and Respondent ORIENTAL INS. CO., has agreed to pay a lump-sum of Rs.4,10,000/-(Rupees Four Lakhs Ten Thousand only), full and final settlement of the claim. (Including Trail Court awarded amount of Rs.2,60,000/-).
The Respondent ORIENTAL INS. CO., 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 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost.”
4. The appellant-claimant has agreed to receive and the second Respondent-Insurance company has agreed to pay a lump-sum of Rs.4,10,000/-(Rupees Four Lakhs Ten Thousand only), in full and final settlement of the claim. (Including Trail Court awarded amount of Rs.2,60,000/-).
5. The second 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.
6. Out of the enhanced compensation amount, 35% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued interest periodically and remaining 65% shall be released in his favour, on proper identification.
7. 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 NR/-