HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.4929/2018 (MV) (LOK ADALATH NO.150/2019) C/w MISCELLANEOUS FIRST APPEAL NO.6047/2018 (MV) (LOK ADALATH NO.2912/2019) IN MFA NO.4929/2018 BETWEEN:
1. Smt. Firdous Zaiba, W/o Late J.M. Ahmed Pasha, Aged about 40 years, 2. J.M. Ahmed Pasha, Aged about 56 years, S/o A. Abdul Jabbar, (Appellant No.2 is dead during pendency of the claim petition) R/a Jakir Hussain Mohalla, Srinivasapur Town and Taluk, Kolar District - 563 125. ... Appellants (By Sri. K. Vishwanatha, Advocate) And:
1. Mrs. Rajamma, Aged about 50 years, W/o Late R. Mahadevappa, R/a No.83/4, 1st Main, 10th Cross, Govindarajanagar, Bengaluru-560 040.
2. The Oriental Insurance Co. Ltd., No.335, Prabhat, 1st floor, Near Chamber of Commerce Building, Kempe Gowda Road, Bengaluru-560 009. ... Respondents (By Sri. B.C. Seetharama Rao, advocate for R2, Notice to R1 d/w, v/o dated: 28.01.2019) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2018 PASSED IN M.V.C. NO.279/2016 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.6047/2018 BETWEEN:
The Oriental Insurance Co. Ltd., No.335, Prabhath Complex, 1st Floor, Near Chamber of Commerce Building, Kempe Gowda Road, Bengaluru - 560 009.
Reptd. By its authorized officer, Regional Office, Bengaluru, No.44/45, Leo Shopping Complex, Residency road Cross, (also known as FM Cariappa Road Cross), M.G. Road, Bengaluru - 560 025. ... Appellant (By Sri. R. Gunashekar, Advocate) And:
1. Smt. Firdous Zaiba, W/o Late J.M. Ahmed Pasha, Aged about 40 years, R/at Jakir Hussain Mohalla, Srinivasapura Town & Taluk, Kolar District - 563 135.
(Sri. J.M. Ahmed Pasha, the 2nd petitioner before the Tribunal is dead and the 1st respondent herein is the wife & only surviving legal Heir of the deceased. Hence he is not made as a party in the above appeal) 2. Smt. Rajamma, W/o Late R. Mahadevappa, Major, R/a No.83/4, 1st Main, 10th cross, Govindarajanagar, Bengaluru-560 040. ... Respondents (By Sri. K. Vishwanatha, Advocate) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2018 PASSED IN M.V.C. NO.279/2016 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, AWARDING COMPENSATION OF RS.9,47,200/- WITH INTEREST AT THE RATE OF 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT 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 Appellant No.1 - claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent - Insurance Company has agreed to pay a lump-sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
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. The amount if any deposited before this Court shall be transferred to the Tribunal.
4. The deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Tribunal.
5. Miscellaneous First Appeal No.4929/2018 filed by the appellant - claimant stands disposed of in terms of the joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA 4929/2018, connected case in MFA 6047/2018 filed by the Insurance Company is also disposed of. Draw up the award accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- MEMBER LL