Karnataka High Court
The Oriental Insurance Company Ltd vs K Giridharan @ Sari Giridharan A K on 14 July, 2018
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2018
CONCILIATORS PRESENT:
THE HON'BLE MR JUSTICE BUDIHAL R.B.
&
DR. S.V. GIRIKUMAR, MEMBER
M.F.A.No. 1374/2014 (MV)
(Lok Adalat No. 5831/2017)
BETWEEN
The Oriental Insurance Co. Ltd.,
Divisional Office No.12,
No.1001/56, Jayalakshmi Mansion,
2nd Floor, Dr. Rajkumar Road,
4th Block, Rajajinagar,
Bangalore - 560 010,
Represented by its
Authorised Signatory at R.O.
No.44/45, Leo Shopping Complex,
Residency Road, Bangalore - 560 025. ... Appellant
(By Sri S. Srishaila., Advocate)
AND:
1. K. Giridharan @ Sari Giridharan A.K.,
S/o S. Kuppan, aged about 43 years,
R/at No.2206, S. Ramesh Road,
Rangaiah Naidu Layout,
T.Dasarahalli, Bangalore - 560 057.
2
2. Managing Director,
The Karnataka State Road,
Transport Corporation Division,
Shantinagar, K.H.Road,
Bangalore - 560 027. . . . Respondents
(By Sri N.Gopal Krishna, Advocate for R-1, Notice to R-2 - d/w v.c.o. dated 04.10.2016) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.08.2013 PASSED IN MVC NO.1641/2012 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MACT, BENGALURU (S.C.C.H.-18), AWARDING COMPENSATION OF RS.1,58,340/- WITH INTEREST AT 8% P.A, FROM THE DATE OF PETITION TILL THE DATE OF REALISATION. 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 - Oriental Insurance Company Limited along with its representative and the learned Counsel for the respondent No.1 - claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Insurance Company has agreed to pay and the Respondent No.1 - Claimant has agreed to receive a lump-sum of 1,96,500/-(Rupees One Lakh Ninety Six Thousand Five Hundred only) instead of Rs.1,58,340/- with interest @ 8% 3 p.a., 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 Appellant - 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. Apportionment, deposit and release of the modified compensation amount shall be made as per the ratio adopted by the Tribunal. The amount if any, deposited before this Court be transferred to the concerned Tribunal forthwith.
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