HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA .S CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 1373/2016 (MV) (Lok Adalat No. 3795/2017) BETWEEN MR. THIMMAYYA S/O SUKRAYYA SHETTY AGED ABOUT 42 YEARS R/O ALIVEKODI SHIRUR POST AND VILLAGE KUNDAPURA TALUK-572 101.
... APPELLANT (BY SRI: K PRASANNA SHETTY, ADVOCATE) AND 1. MR. G.D. GOWDA S/O GANGADODDAYYA AGED ABOUT 45 YEARS R/O NO.4, BASAVPATTAN MAGADI MAIN ROAD RAMANAGAR DISTRICT-562 301.
2. UNITED INDIA INSURANCE CO LTD N.H.17, KANCHAN TOWERS VODERHOBLI, KUNDAPUR-572 102, REP BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI: O MAHESH, ADVOCATE FOR R2, NOTICE TO R-1 – D/W V.C.O. DATED 13.09.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.10.2015 PASSED IN MVC NO.559/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – United India Insurance Co. Ltd. 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.65,000/- (Rupees Sixty 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 – 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 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 Rbv