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 RAGHVENDRA S. CHAUHAN AND SMT. H. R. RENUKA, MEMBER M. F. A. No. 4578/2013 (MV) LOK ADALAT NO. 6014/2017 Between:
ARIF T K @ ARIF THIARIPPAKUNIYIL S/O KHASIM AGED ABOUT 26 YEARS W/A BIRIYANI PARADISE NO.4/3, 4TH CROSS MSR COLLEGE ROAD BANGALORE-54 HAVING PERMANENT ADDRESS AT THARAMAHAL HOUSE PULIYAMBROM POST PERINGATHUR VIA KANNAUR DIST KERALA-670075 ... APPELLANT (BY SRI PRAKASH M H, ADVOCATE) AND 1. UNITED INDIA INSURANCE CO LTD T P HUB, 5TH FLOOR KRISHI BHAVAN BUILDING HUDSON CIRCLE BANGALROE-01 REPRESENTED BY ITS MANAGER 2. THE M D BMTC, CENTRAL OFFICE SHATHINAGAR, DOUBLE ROAD BANGALORE-27 ... RESPONDENTS (BY SRI Y P VENKATAPATHI, ADVOCATE FOR R1 R2 – NOTICE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.2.2013 PASSED IN MVC NO.6505/2011 ON THE FILE OF THE MEMBER, MACT, IV ADDL. JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of `45,000/- (Rupees forty-five thousand only), in addition to what has been awarded by the Tribunal, as 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 learned Tribunal within a period of six weeks from the date of preparation of the award, failing which, the said amount shall carry an interest @ 9% per annum 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. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
Draw the award accordingly.
Sd/- Judge RD/MD Sd/- Member