HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K. NATARAJAN & SRI K.P.YOGANNA, MEMBER M.F.A.No. 3778/2017 (MV) (Lok Adalat No. 2035/2018) BETWEEN Yohanan P.V., Now aged 41 years, S/o P.C. Verghese R/o House No.1-142, Nidyadka House, Ichlampady Village & Post, Puttur Taluk, D.K. District – 574 201. ... Appellant (By Sri Vishwanatha Poojary K., Advocate) AND 1. Rama, aged 40 years, S/o Deyya, R/o H.No.2-97, Yenekallu House and Village, Sullia Taluk, D.K.District – 574 239.
2. United India Insurance Co. Ltd., Branch Office, Prabhu Building, Main Road, Opp. Aruna Talkies, Puttur Taluk, D.K.District – 574 201.
3. Mr. Nemiraja, major, S/o Ramanna Poojary, R/o Kalai House, Konalu Post & Village, Puttur Taluk, D.K.District – 574 201. ... Respondents ( By Sri M.U.Poonacha, Advocate for R-2, Notice to R.1 & 3-d/w. v/o. dated 20.11.2018) MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 16.09.2016 PASSED IN MVC NO. 1190/2015 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE & MEMBER, ADDL. M.A.C.T., D.K., MANGALURU, (SITTING AT PUTTUR) D.K., 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 Appellant - Claimant and the learned Counsel for the Respondent – United India 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.1,00,000/- (Rupees One lakh 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-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 Sd/- MEMBER Mkm