HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H. R. RENUKA, MEMBER Between:
M. F. A. No.4344/2016 (MV) LOK ADALAT NO.4248/2017 MR SUNIL KUMAR S/O KRISHNA POOJARY AGED ABOUT 26 YEARS R/A SRI GANESH NILAYA M KODI, KODI, KUNDAPURA KASABA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-572 101 ... APPELLANT (BY SRI K PRASANNA SHETTY, ADVOCATE) AND:
1. SECRETARY SRI VENKATRAMANA EDUCATIONAL & CULTURAL TRUST OMBATHUNDIGE ROAD KUNDAPURA-572 301 2. THE ORIENTAL INSURANCE CO LTD KUNDAPURA BRANCH MASTHI TOWER, MAIN ROAD, KUNDAPURA-572 301 BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI Y K SHESHAGIRI RAO, ADVOCATE AND SRI S V HEGDE MULKHAND, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2016 PASSED IN MVC NO.208/2015 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 THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of `74,000/- (Rupees seventy four thousand only), in addition to what has been awarded by the Tribunal, as 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 learned Tribunal within a period of six weeks from the date of preparation of award, failing which, the said amount shall carry interest at 9% per annum 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. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
Draw the award accordingly.
Sd/- Judge Sd/- Member RD/MD