HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ & SRI A.K.BHAT, MEMBER M.F.A.No.3417/2018 (MV) (Lok Adalat No.3575/2019) BETWEEN:
KARIGOWDA, S/O LATE NARASIMHEGOWDA, AGED ABOUT 46 YEARS, R/O KADATHANALU VILLAGE, K.SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT – 571 438. ... APPELLANT (BY SRI V.N.MADHAVA REDDY, ADVOCATE) AND:
1. V.S.MANJUNATHA, S/O LATE SWAMYGOWDA, R/O NO.200, NEAR NARAYANA APTS. 2ND MAIN, IN FRONT OF MUNESHWARA TEMPLE, SHESHADRIPURAM, MANDYA DISTRICT – 560 020.
2. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., NEW MUSLIM HOSTEL COMPLEX, OPP. FIRE BRIGADE, 1ST MAIN, SARASWATHIPURAM, MYSORE – 570 021. ... RESPONDENTS (BY SRI. K.POORNABODHA RAO, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2017 PASSED IN MVC NO.827/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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 This Miscellaneous First Appeal filed against the Judgment and Award passed by the above Tribunal having been referred to Lok Adalath by the Court coming on for settlement before Lok Adalat on 14.12.2019 in the presence of the Officers of the Oriental Insurance Company Limited and advocates appearing for the respective parties, for the reasons stated in the Conciliation Order.
2. The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the second Respondent - Oriental Insurance Company Limited along with its representative are present.
3. 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 second respondent-insurance company and its authorized officer is filed, which reads as under:
“The Appellant has agreed to receive and Respondent ORIENTAL INSURANCE CO. LTD., has agreed to pay a lump-sum of Rs.60,000/-(Rupees Sixty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
The Respondent ORIENTAL INSURANCE CO. LTD., 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 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost.”
4. The appellant-claimant has agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.60,000/- (Rupees Sixty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
5. The second 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.
6. The entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification.
7. 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 NR/-