HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.6646/2015 (MV) (LOK ADALATH NO.11/2019) BETWEEN:
MR. SUDHAKAR POOJARY S/O.ANTHA POOJARY, AGED ABOUT 52 YEARS, R/AT KALLAGARA HOUSE, MANGALPANDE ROAD, VODERHOBLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576101. ... APPELLANT (BY SHRI K PRASANNA SHETTY, ADVOCATE) AND:
1. MR. PRASHANTH JOGI, S/O RAMA JOGI, AGED ABOUT 22 YEARS, R/AT JOGIBETTU JADAKATTU ROAD, NERALAKATTE, KARKUNJE VILLAGE, KUNDAPURA TAUK, UDUPI DISTRICT – 576101.
2. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE:VISHNUPRAKASH BUILDING, COURT ROAD, UDUPI – 576101.
REP. BY ITS DIVISIONAL MANAGER ... RESPONDENTS (BY SHRI B S UMESH FOR R2, ADVOCATE, NOTICE TO R1 D/W V/O DATED:23.10.2018) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:8.12.2014 PASSED IN MVC NO.325/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, 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 appellant- claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.75,000/- (Rupees 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 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/claimant, on proper identification.
5. 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.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER BSR