HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B.VEERAPPA & SRI M.N.UMASHANKAR, MEMBER M.F.A.No. 3493/2017 (MV) (Lok Adalat No. 5503/2017) BETWEEN Mr. Abbas S/o Yusuf Byari, Aged about 53 years, R/at Shivangagara, 2nd Cross Road, Amar Alva Road, Pandeshwara, Mangaluru Taluk, D.K. District. PIN-575007 ... Appellant (By Sri Ravishankar Shastry G., Advocate) AND 1. Mr. Sunil Kumar Jalan, S/o S.N. Jalan, Adult, R/at 4-3-406/10, Behind SDM Law College, M.G.Road, Mangaluru Taluk, D.K.District – 575 001.
2. Oriental Insurance Co. Ltd., Krishna Prasad Building, 3rd Floor, M.G.Road, Lalbagh, Mangaluru Taluk, D.K.District, represented by Its Branch Manager – 575 001. …Respondents (By Sri B.S.Umesh, Adv. for R-2] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.02.2017 PASSED IN MVC NO. 1390/2014 ON THE FILE OF MEMBER MACT AND II ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – Oriental Insurance Company Limited 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. 55,000/- (Rupees Fifty Five Thousand 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, 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 Mkm Sd/- MEMBER