HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & DR. S.V. GIRIKUMAR, MEMBER M.F.A.No. 929/2015 (MV) (Lok Adalat No. 3599/2016) BETWEEN VASANTHA MADA S/O LATE BHOJA MADA, AGED ABOUT 38 YEARS, R/AT SEREHITHLU HOUSE, KALLUMUDKOOR VILLAGE AND POST, MANGALORE TALUK-574 227.
... APPELLANT (BY SRI. KRISHNAMOORTHY D, ADV.) AND 1. P ALAGUSAMY S/O PERMAL, AGED ABOUT 59 YEARS, SINCE DEAD BY LRS SMT.KALIYAMMAL, 52 YEARS, W/O P.ALAGUSAMY, R/AT 42A/13F, PRESIDENT VENKATA RAO STREET, MAHANUR ROAD, NAMAKKAL-637001 TAMILNADU STATE, INDIA.
2. RELIANCE GENERAL INSURANCE CO LTD SHREE LAKSHMI COMPLEX, 1ST FLOOR,' SWARMPAPURI, SALEM-636004 HAVING ITS BRANCH OFFICE AT MARKS BUILDING, ALUKHAS JEWELLARY, LIGHT HOUSE ROAD, HAMPANAKATTA, MANGALORE-575 001 REP BY MANAGER.
... RESPONDENTS (BY SRI. ASHOK N PATIL, ADV. FOR R2; NOTICE SD ON R1 BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.09.2014 PASSED IN MVC NO.855/2011 ON THE FILE OF THE IV ADDITIONAL DISTRICT & SESSIONS JUDGE, MEMBER, MACT, D.K, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, 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 – Reliance General 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. 55,000/- (Rupees Fifty 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 BVK Sd/- MEMBER