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. 3634/2017 (MV) (Lok Adalat No. 3866/2024) C/w M.F.A. No. 5407/2017 (MV) (Lok Adalat No. 3865/2024) In M.F.A. No. 3634/2017: BETWEEN: The Manager, M/s. The Oriental Insurance Company Limited, Sanmathi Plaza, H.N. Pura Road, Opp. PWD Office, Arkalgud Town, Arkalgud Taluk & Hassan District, Through its Regional Office, Sumangala Complex, Opposite to HDMC, Lamington Road, Hubballi-580 020, Represented by its Regional Manager. ...APPELLANT (By Sri. B.S. Umesh, Advocate) AND 1. Devarajegowda P. S/o Puttegowda, Aged about 55 years, 2 Residing at Chikkagavanahalli Village, Kasaba Hobli, Arakalgud Taluk, Hassan District-573 211. 2. Vijayakumar T. S/o Thayappa, (Press Reporter), Aged Major exact not Known to appellant, residing at Kelluru, Kasaba Arkalgud Town, Arakalgud Taluk, Hassan District – 573 130. …RESPONDENTS (By Sri. Girish B. Baladare, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2017 PASSED IN MVC NO.810/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, AWARDING COMPENSATION OF RS.2,89,900/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. In M.F.A. No. 5407/2017: BETWEEN: Devarajegowda P. S/o Puttegowda, Aged about 55 years, R/at Chikkagavanahalli Village, Kasaba Hobli, Arkalgud Taluk, Hassan District – 573 201. ...APPELLANT (By Sri. Girish B. Baladare, Advocate) AND 1. The Manager, The Oriental Insurance Co. Ltd., Sanmathi Plaza, H.N. Pura Road, Opposite P.W.D. Office, 3 Arkalgud Town & Taluk, Hassan District-573 201. 2. Vijayakumar T. S/o Thayappa, Aged about 32 years, R/at Kelluru, Kasaba – Arkalgud Town, Arkalgud Taluk, Hassan District – 573 201. …RESPONDENTS (By Sri. B.S. Umesh, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2017 PASSED IN MVC NO.810/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for appellant – Insurance Company along with its representative is present. The learned Counsel appearing for the respondent - claimant is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/Insurance Company and its authorized Officer and the respondent - claimant (being authorized by the respondent / claimant to sign) is filed. The 4 appellant – Insurance Company has agreed to pay and the respondent- claimant has agreed to receive a lump-sum of Rs.3,54,950/- (Rupees Three Lakhs Fifty Four Thousand Nine Hundred Fifty only) (inclusive of interest) instead of Rs.2,89,000/- 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.1,44,950/- and has agreed to deposit the remaining sum of Rs.2,10,000/- 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. 4. The entire modified compensation amount shall be released in favour of the appellant – claimant, on proper identification. The amount if any, deposited before this Court by the appellant – Insurance Company shall be transferred to the Claims Tribunal and also the amount in excess if any, shall be refunded to appellant - Insurance Company. 5. In view of the settlement in M.F.A. No.3634/2017 between the parties, the above said appeals (MFA No.3634/2017 filed by Insurance 5 Company and MFA No.5407/2017 filed by claimant) stand 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