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.3722/2015 (MV) (Lok Adalat No.675/2019) BETWEEN:
Khalid, S/o Late Abbu Beri, Aged about 50 years, K.S.R.T.C Driver, Badge No.265, Dharmasthala Depot, Belthangadi Taluk, Dakshina Kannada District, Presently residing at Vidhyanagara, Hassan-573 201.
(By Sri B.M.Mohan Kumar, Advocate) AND:
1. Chand Saheb, Major, S/o Karim Saheb, ... Appellant Near T.B.Hospital, Alangar, Moodbidari, Mangalore District, South Canara-574 227.
2. The Manager, The New India Assurance Co. Ltd., BR-III, Essel Chambers, III Floor, Karangalapady, Mangalore-575 003.
Rep by the New India Assurance Co. Ltd., Harsha Mahal Road, Hassan – 573 201.
(By Sri.A.N Krishna Swamy, Advocate for R2 ... Respondents V/o dated 16.11.2015, notice to R1 is dispensed with) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.07.2015 PASSED IN MVC NO.2214/2008 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, AT HASSAN, 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 second 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 second respondent-insurance company and its authorized officer is filed. The appellant-claimant have agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.2,32,000/- (Rupees Two Lakh Thirty Two Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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/-