HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY & SMT. M.JYOTHI, MEMBER M.F.A.No. 1041/2016 (MV) (Lok Adalat No. 3677/2017) BETWEEN Basheer, S/o. Abdullas, Now aged 42 years, R/o Devaradka House, Pallangodi, Adoor, Adoor village, Kasaragod Taluk, Kasaragod, Kerala State, Pin-671 127. ... Appellant (By Sri. Vishwanatha Poojary K. Advocate) AND 1. Abdul Razak S/o. Alavi, Now aged 40 years, R/o. D.No.108/B-9, Pillarpalla House, Permannur village, Mangalore, Dakshina Kannada District, Pin-575 001.
2. The Manager, The United India Insurance Co. Ltd., Micro Office, First Floor, Hill Side Commercial Complex, Hosangadi, Manjeshwara, Kasaragod, Kerala State, Pin-671 127.
3. The Divisional Controller, K.S.R.T.C, Madikeri Depot, Madikeri, Kodagu, Karnataka.
Pin-571 201. ... Respondents (By Sri C.Shankar Reddy, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 22.08.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.11.2015 PASSED IN MVC NO. 892/2014 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, 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 – United India Insurance Co. Ltd. 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 global sum of Rs. 50,000/- (Rupees Fifty 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 disbursed 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.
Mkm Sd/- JUDGE Sd/- MEMBER