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 BETWEEN Nagendrappa, S/o Gudi Bandeppa, aged about 36 years, agriculturist, M.F.A.No.219/2015 (MV) (Lok Adalat No.421/2019) R/o Dharmapuradahatti Village, Bilicodu Hobli, Jagalur Taluk, Davanagere District – 577 201. ... Appellant (By Sri S.Vishwajith Shetty, Advocate) AND 1. V.Venkatesh, S/o T.Venkatesh, Aged about 25 years, Driver-cum-owner of Bajaj Discover Motor Cycle Bearing Reg.No.KA-12/H-5072 R/o Dharmapuradahatti Village, Jagalur Taluk, Davanagere District – 577 201.
2. The Manager, The Oriental Insurance Co. Ltd., Branch Office, Tiluvalli Complex, P.B.Road, near Aruna Talkies, Davanagere – 577 002. …Respondents (By Sri V.Narayana Swamy, Advocate for R.2, v/o. dated 08.07.2016, notice to R.1 is d/w.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.06.2014 PASSED IN MVC NO.215/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & ADDL. MACT-4, DAVANAGERE, 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 Second 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 Second respondent – Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the Second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.50,000/- (Rupees Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. 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.
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 Mkm* Sd/- MEMBER