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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY 2025
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER
M.F.A.No. 3644/2017 (MV) (Lok Adalat No. 3862/2024) BETWEEN
The Oriental Insurance Co. Ltd., Regd. Office “Oriental House”, No.25/27, Ashraf Ali Road, New Delhi-110 002, Represented by Administrative Officer, R.O. at No.44/45, Leo Shopping Complex, Residency Road, Bangalore – 560 025. … Appellant. (BY SRI. S. SRISHAILA, ADVOCATE)
AND:
1. Sri. Anand S/o Sri. Siddashetty, Aged about 39 years, R/o Ganigara Street, Chikkahalli Road, Vajamangala, Varuna Hobli, Mysuru Taluk-570 211. 2
2. The Commissioner, Mysuru City Corporation, Mysure, Represented by GPA Holder Sri. Manjunath S/o Deviah, Aged about 60 years, R/at Door No.3748, Pulakeshi Road, Veeranagere, Lashkar Mohalla, Mysuru – 570 009. 3. Mr. Prakash S/o Sri. Ningappa,
Aged 34 years, R/at No.99, Angadahalli Village, Srirangapatna Taluk – 571 438. …Respondents
(BY SRI. MANJUNATHA PRASANNA H.A., ADVOCATE FOR R-1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2016 PASSED IN MVC NO.436/2014 ON THE FILE OF THE JUDGE, PRINCIPAL COURT OF SMALL CAUSES AND MACT, MYSURU, AWARDING COMPENSATION OF RS.4,13,718/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned Counsel appearing for the Respondent - Claimant is present. The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. 3
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondent/claimant (being authorized by the respondent/claimant to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondent-claimant has agreed to receive and the appellant - Insurance Company has agreed to pay a lump-sum of Rs.4,86,859/- (Rupees Four Lakhs Eighty Six Thousand Eight Hundred Fifty Nine only) (inclusive of interest) instead of Rs.4,13,718/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim. 3.
The Appellant - Insurance Company has already deposited a sum of Rs.2,06,859/- and has agreed to deposit remaining sum of Rs.2,80,000/- 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal and further, the amount in excess if any, shall be refunded to the Insurance Company. 4. The entire modified compensation amount shall be released in favour of the respondent – claimant, on proper identification. 4
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 Rbv