HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.1303/2018 (MV) (Lok Adalat No.2426/2019) BETWEEN:
Aftab Ahamed, S/o Late Abdul Gaffer, Aged about 43 years, R/o Galipete Village, Chikkamagaluru Taluk & District-577 101.
(By Sri Girish B.Baladare, Advocate) AND:
1. The Manager, M/s New India Assurance ... Appellant Company Limited, Branch Office, Panduranga Complex, Chikkamangaluru -577 101.
2. Thousif Ali M.N, S/o Noor Ahamed, Aged about 29 years, R/o Kanathi Village & Post, Chikkamangaluru Taluk & District-577 101.
3. Udde Gowda, S/o Ere Gowda, Aged about 37 years, R/o No.31, Kundoor New Extension, Kundoor Post, Chikkamangaluru Taluk District-577 101.
(By Sri.S.V.Hegde Mulkhand, Advocate for R1) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.07.2017 PASSED IN MVC NO.237/2016 ON THE FILE OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, MEMBER, MACT, CHIKMAGALURU, 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 The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the first Respondent - New India Assurance Company Limited 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 (being authorized by the appellant to sign) and the learned advocate appearing for the first respondent-insurance company and its authorized officer is filed. The appellant-claimant have agreed to receive and the first respondent-insurance company has agreed to pay a global compensation of Rs.90,000/- (Rupees Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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 – claimant, 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 SD/- MEMBER HB/-