HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY & SMT.SAYEEDUNNISA, MEMBER MISCELLANEOUS FIRST APPEAL NO.7666/2015 (MV) (LOK ADALATH NO.3789/2017) BETWEEN:
C.K. Ashoka, S/o. Late Karisiddegowda,30 years, Cheenya Village, Vanakere Hobli, Nagamangala Taluk, Mandya District, Now r/at C/o Nataraju, 21st Cross, V.V. Nagar, Kallhalli, Mandya -571 401. ... Appellant (By Sri. R. Shashidhara, Advocate) AND:
1. M.S. Popular Motor Corporation, Bangalore, Mansoor Kashif, Amjad Pasha, Major, No.49, B.T.M. Layout, 16th Main, 17th ‘C’ Cross, Bangalore -76.
2. Mujahid Khan, S/o. Ismail Khan, No. 109, Honganur Village and Post, Channapatna Taluk, Ramanagara District -571 501.
3. The Manager, The New India Assurance Co., Ltd., 2nd Cross, Ashok Nagar, Mandya -571 401. ... Respondents (BY Sri. O. Mahesh, Advocate for R3, Memo is filed for dispensation of notice to R1 and R2) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 16.05.2015 passed in MVC No.1165/2012 on the file of the II Additional Senior Civil Judge and Additional MACT, Mandya, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for conciliation before Lok Adalat after being referred vide order dated 13.09.2017, the following conciliation order is passed.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,00,000/- (Rupees One Lakh Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Entire enhanced award amount shall be released.
Sd/- JUDGE Sd/- MEMBER JS