HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI. A.K. BHAT, MEMBER BETWEEN Mrs. Theresa D’Souza @ Therese D’Souza, W/o Late Ligoury @ Ligory Fernandes, Aged about 65 years, R/at 1-103/2A Pelapady House, M.F.A.No.8585/2016 (MV) (Lok Adalat No.1786/2018) Farangipet, Bantwal Taluk, D.K. Dist. - 574 219. ... Appellant (By Sri. G. Ravishankar Shastry, Advocate) AND 1. Mr. Leo D’Sa S/o Late J.M. D’sa, Major, R/at St. Antonys Este, Makkandoor Post, Madikeri - 571 201.
2. The National Insurance Co. Ltd., 1st Floor, 656/C, 17th Main, 5th Cross, Opp: Royal English Medium School, Saraswathipuram Mysuru.
Rep. by its Divisional Manager, National Insurance Co. Ltd., 2nd Floor, Bharath Building, P.M. Rao Road, Mangaluru, D.K - 575 003. …Respondents (By Sri. B.C. Seetharama Rao, Advocate for R.2; Sri. Mohammed Faruke, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.10.2016 PASSED IN MVC NO.1748/2015 ON THE FILE OF THE MACT & I ADDL. SENIOR CIVIL JUDGE, MANGALURU, D.K, 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 - National 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.1,10,000/- (Rupees One Lakh Ten 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 - 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 LL