HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SMT. M.JYOTHI, MEMBER M.F.A.No. 5705/2010 (MV) (Lok Adalat No. 3838/2017) BETWEEN United India Insurance Co. Ltd., Through its Regional Office, 5th & 6th Floors, Krushibhavan, Bangalore-560 001.
Rep: by its Manager, Smt. Navamani. … Appellant (By Sri Janardhan Reddy, Advocate) AND:
1. Smt. Maina Bai, W/o Sri Jai Singh @ Ray Singh, Aged about 62 years, R/at. No.10, Marappa Garden, 2nd Cross, K.R.Puram, Bangalore.
2. K.Guru Prasad, S/o K.Venkateshan, Major, No.27/57/18, near Gokul Theatre, Punganur Town, Chittoor District, Andhra Pradesh. ... Respondents (By Sri N.Gopalakrishna, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 30.05.2012) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2009 PASSED IN MVC NO.3563/2008 ON THE FILE OF THE XVI ADDITIONAL JUDGE, MACT, BANGALORE (SCCH-14), AWARDING A COMPENSATION OF RS.4,57,380/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
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 appellant – United India Insurance Co. Ltd. along with its representative and the learned Counsel for the 1st respondent – claimant are present.
2. After prolonged negotiations, the matter is settled. The appellant – Insurance Company has agreed to pay and the 1st Respondent – claimant has agreed to receive a sum of Rs. 4,00,000/- (Rupees Four Lakhs only) with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs. 4,57,380/- with interest at 6% p.a. 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 appellant – 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 apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. The amount if any, deposited before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
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 Mkm Sd/- MEMBER