HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. BOPANNA, MEMBER M.F.A.No. 2411/2016 (MV) (Lok Adalat No. 3867/2017) BETWEEN Sri. Vijayapuram Shivaiah @ V. Shivaiah @ Shivachari S/o Late Chenchanna, Aged about 55 years, R/o Saibaba, 6th Cross, Mathru Layout, Yelahanka New Town, Bengaluru– 560 065.
(Present Address).
R/at No.3-162, Chakala Doddi, Devalacheruvu, Molakalacheruvu, Chithoor, A.P.-517 351, (Permanent Address). ... APPELLANT (By Sri. T.N. Viswanatha, Advocate) AND 1. M/s. Oriental Insurance Co. Ltd., T.P. Claims Hub, Leo Shopping Complex, 4th Floor, Residential Road Cross, Bengaluru-560 025.
2. Mr. Ajaykumar H.V.
S/o Venkataramaiah, Major, R/at No.28, 10th Cross, 6th Main Road, Agrahara Layout, Yelahanka, Bengaluru – 560 064. ... RESPONDENTS (By Sri. A.M. Venkatesh, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.10.2015 PASSED IN MVC NO. 673/2015 ON THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE & 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 Co. Ltd. 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. 50,000/- (Rupees Fifty 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 Rbv