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. 7399/2018 ( MV) (Lok Adalat No.357/19) BETWEEN SURESH SHETTY AGED ABOUT 39 YEARS S/O BABU SHETTY R/O “MATHRASHRI” ACHALADI VILLAGE UDUPI TALUK-576 201. ... APPELLANT (BY SRI PAVANA CHANDRA SHETTY H. – ADVOCATE) AND 1. NAGARAJ ACHARI AGED ABOUT 42 YEARS S/O RAMA ACHARI R/O PADUMANDCU SHRIYARA VILLAGE UDUPI TALUK-576 201.
2. THE ORIENTAL INSURANCE CO. LTD., KUNDAPURA BRANCH UDUPI DISTRICT-576 201 REP. BY ITS BRANCH MANAGER.
(BY SRI C. R. RAVISHANKAR – ADVOCATE FOR R.2) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.05.2018 PASSED IN MVC NO. 719/2013 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), 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 Appellant-Claimant and the learned Counsel for the Respondent–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– Insurance Company has agreed to pay a lump-sum of Rs.1,60,000/- (Rupees One Lakh Sixty 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. Out of the enhanced compensation amount, Rs.60,000/- shall be kept in fixed deposit in any Nationalized/Schedule Bank in the name of the appellant for a period of three years with a liberty to draw the accrued interest periodically. Remaining Rs.1,00,000/- 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