Extracted from the PDF above. The PDF is authoritative.
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL, 2025
CONCILIATORS PRESENT:
THE HON9BLE MR. JUSTICE SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER
M.F.A.NO.7210/2019(MV) (Lok Adalat No. 2033/2025)
BETWEEN
Sri C P Biddappa S/o Late Poovaiah Aged about 54 years R/at Gonikoppal Virajpet Taluk Kodagu District ...Appellant (By Sri Bhanu Prakash H V, Advocate)
AND
1. Sri A K Jeevan S/o Kushalappa Aged about 47 years Managing Director: Sapthagiri Cargo Movers R/at Brahmins Valley Madikeri - 571 201
2. Sri Bantara L Vinod Kumar S/o Late Lingappa Rai Aged about 34 years Sapthagiri Cargo Movers Madikeri, Kodagu District-571201 DL No.KA1220030002759
3. Oriental Insurance Co. Ltd., Opp. Town Hall, Madikeri-571201
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Policy No.422801/31/2013/3584 Valid 11.09.2012 to 10.09.2013 &Respondents (By Smt. Harini Shivananda, Advocate for R3; vide order dated 23.08.2024, notice to R1 & R2 is dispensed with)
This MFA filed u/s 173(1) of MV Act against the judgment and award dated 02.04.2019 passed in MVC No.6/2014 on the file of the II Additional District and Sessions Judge and MACT, Kodagu-Madikeri sitting at Virajpet 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
Learned counsel appearing for the appellant- claimant is present. Learned counsel appearing for the respondent3Insurance Company 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/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.12,30,000/- (Rupees Twelve Lakhs Thirty Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
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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. Out of the enhanced compensation amount, a sum of Rs.4,30,000/- shall be released in favour of the claimant on proper identification and the remaining amount shall be kept in FD in any nationalized bank for a period of three years. The appellant is at liberty to draw the periodical interest accrued on the FD amount.
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 Award accordingly.
Sd/- JUDGE
Sd/- MEMBER
KMV