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 JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 6945/2015 (MV) (Lok Adalat No.298/2019) BETWEEN SMT. SUMATHI .G.M. AGED ABOUT 27 YEARS D/O G.N. MOHAN KUMAR R/AT NO. 205, SHIA KRUPA 5TH MAIN, VYALIKAVAL LAYOUT VIJAYANAGAR BENGALURU – 560 040.
PERMANENT ADDRESS: GOTAKAANAPURA VILLAGE GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT-561208.
(BY SRI D.NAGARAJA REDDY- ADVOCATE) AND 1. THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE AT NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD ... APPELLANT BENGALURU – 560 025 REP. BY ITS MANAGER 2. SRI. BABU BAJI MAJOR S/O BAJI SAHEEG NO.22-232, KATTAMANCHI CHITTOOR – 517001.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, II FLOOR SHUBHARAM COMPLEX MG ROAD BENGALURU – 560 001 REP. BY ITS MANAGER.
4. SRI NAGARAJ V.K MAJOR S/O M. KRISHNAIAH SHETTY R/O ANJANADRI NILAYA NEAR R.K. CLINIC ROAD VV PURAM, GOWRIBIDANUR CHIKKABALLAPURA – 561208.
... RESPONDENTS (BY SRI K. SURESH – ADV., FOR R-1;
SRI SHIVARAJ PATIL – ADV., FOR R-3;
R-2 AND R-4 ARE SERVED BUT UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2015 PASSED IN MVC NO.6671/2012 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU 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 Appellant-Claimant and the learned Counsel for the Respondent No.1–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 No.1– Insurance Company has agreed to pay a global compensation of Rs.55,000/- (Rupees Fifty 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 No.1– 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 Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KPS