HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI. JUSTICE L. NARAYANA SWAMY & SRI. K.B. NAIK, MEMBER M.F.A.No.10450/2018 (MV) (Lok Adalat No.2450/2019) BETWEEN Thippeshappa B.H, S/o Hanumanthappa, Now aged about 56 years, R/at Yakkanahalli Village, Honnali Taluk, Davanagere District. ... Appellant (By Sri. Raghu R, Advocate) AND 1. Shoba, W/o Late Murigeshi @ Murugeshappa G.B, Now aged about 44 years, 2. Bharghava, S/o Late Murigeshi @ Murugeshappa G.B, Now aged about 24 years, Agriculturist, Both are R/at Yakkanahalli Village, Honnali Taluk, Davanagere District.
3. The Branch Manager, The Oriental Insurance Co. Ltd., No.823/7, Thiluvalli Complex, 1st Floor, P.B. Road, Near Aruna Talkies, Davanagere.
4. Rachotappa A. Angadi, S/o Aravind C. Angadi, Now aged about 34 years, Driver of Lorry No.KA-25-D-4138, Badge No.1386-2008, R/at Adargunchi, Hubli Taluk, Dharawad District.
5. Aravind C. Angadi, S/o Channappa Angadi, Now aged about 60 years, Owner of Lorry No.KA-25-D-4138, Badge No.1386-2008, R/at Adargunchi, Hubli Taluk, Dharawad District.
6. The Manager, Cholamandalam M.S Gen. Ins. Co. Ltd., Desai Building, Hubli. …Respondents (By Smt. Harini Shivananda, Advocate for R.3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.05.2018 PASSED IN MVC NO.919/2016 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND V ADDL. MACT, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the third Respondent - Oriental Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the third Respondent - Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the third Respondent - Insurance Company has agreed to pay a lump-sum of Rs.8,78,000/- (Rupees Eight Lakhs Seventy- eight Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
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