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 L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.6667/2017 (MV) (Lok Adalat No.2099/2018) BETWEEN 1. Mr. B.Mohammad @ Mohammad, S/o Abdul Rahiman, Aged about 66 years, 2. Smt. Maimuna, W/o B.Mohammad @ Mohammad, Aged about 56 years, Both are residing at:
D.No.7/194, Site No.7/416, 7th Block, Krishnapura, Surathkal, Mangaluru. ... Appellants (By Sri Guruprasad B.R., Advocate) AND 1. The Oriental Insurance Co. Ltd., Sathish Complex, Ground Floor, Behind SBI, Opp.Govindadas College, Surathkal, Mangaluru, Represented by its Manager.
2. Mr.S.Neelayya, S/o late Honnappa, Aged about 44 years, r/at. Shanthina Nilaya, Alanthaya Village, Golithottu Post, Puttur Taluk.
3. Hairunnisa, D/o B.Mohammad @ Mohammad, Aged about 39 years, 4. Shahida Banu, D/o B.Mohammad @ Mohammad, Aged about 38 years, 5. Mr. Mohammad Bashith, s/o B.Mohammad @ Mohammad, aged about 34 years, 6. Mr. Mohammad Thalahath @ Thalahath S/o B.Mohammad @ Mohammad, Aged about 31 years, Respondent No.3 to 6 are Residing at D.No.7/194, Site No.7/416, 7th Block, Krishnapura, Surathkal, Mangaluru. …Respondents (By Sri R.Govindarajan, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2016 PASSED IN MVC NO.694/2015 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, MACT-IV, D.K., MANGALURU, 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 Appellants - Claimants and the learned Counsel appearing for the First Respondent – Oriental Insurance Company Limited and 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the First respondent – Insurance Company and its authorized officer is filed. The Appellants - Claimants have agreed to receive and the First Respondent - Insurance Company has agreed to pay a lump-sum of Rs.6,00,000/- (Rupees Six lakh 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
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 Mkm*