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 MR.JUSTICE L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.4467/2017 (LOK ADALATH NO.2193/2019) BETWEEN:
1. SRI.THAMMAIAH S/O LATE LAKSHMANA SHETTY AGED ABOUT 62 YEARS 2. SRI.VENKATESHA S/O THAMMAIAH AGED ABOUT 36 YEARS BOTH ARE RESIDING AT NO.96, JANATHA COLONY, YELAWALA MYSURU TALUK – 571 130 3. SRI.SHANTHA W/O SRI.KARIGA AGED ABOUT 30 YEARS R/AT AMACHAVADI VILLAGE CHAMARAJANAGAR DISTRICT & TALUK – 571 313 4. SMT.GAYATRI W/O.SRI.RAJU AGED ABOUT 28 YEARS R/AT BANASHANKARI BANGALURU – 560 070 ... APPELLANTS (BY SRI.H V BHANU PRAKASH, ADV.) AND:
1. SRI.DAVAN SHEKAR S/O SOMASHEKAR H S AGED ABOUT 42 YEARS R/AT HANDANA VILLAGE, MANUGANAHALLI POST, BILIKERE HOBLI, HUNSUR TALUK MYSURU DISTRICT - 571105 (OWNER -KA- 45-U-9777) 2. THE ORIENTAL INSURANCE CO. LTD. THE DIVISIONAL MANAGER MUSLIM HOSTEL BUILDING SARASWATHIPURAM MYSORE – 570 021 (OWNER-KA-45-U-9777) ... RESPONDENTS (BY SRI.R.GOVINDRAJAN, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.11.2016 PASSED IN MVC NO.777/2015 ON THE FILE OF THE JUDGE, PRINCIPAL SMALL CAUSES AND MACT, AT MYSURU, 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 The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.5,15,000/- (Rupees Five Lakhs Fifteen Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Release and deposit of the amount shall be in terms of award of the Tribunal.
Sd/- JUDGE Sd/- MEMBER akd