HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE L.NARAYANA SWAMY & SMT. B.V. VIDYULATHA, MEMBER M.F.A.No. 1707/2017 (MV) (Lok Adalat No.4102/2017) BETWEEN Firooz Khan S/o Sadar Khan, Aged about 29 years, Native of: Adigarakallahalli, Huskur Circle, Bidaraguppe Post, Anekal Taluk, Bangalore District.
Presently R/at:
C/o Farooq Pasha, 2nd Cross, 1st Main, Chinnanapalya, near Wilson Garden, Bangalore – 560 030. ... Appellant (By Sri Suresh P., Advocate) AND 1. Shriram General Ins. Co. Ltd., No-41, A.J.Chambers, B.V.Road, Opp: Indian Petrol Pump, Jayanagar, Bangalore – 560 004.
Present Address:
Shriram General Ins. Co. Ltd.., No.5, 2nd Floor, Monarch Chamber, Infantry Road, Bangalore – 560 001.
Rep: by its incharge Manager.
2. Shameer K.H. S/o Hyder Sab, R/at: Dommasandra-Vg, Sarjapura-Ho, Anekal-Tq, Bangalore. ... Respondents (By Sri B. PRADEEP, Advocate for R-1, Notice to R.2 d/w v.c.o. dated: 17.10.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.10.2016 PASSED IN MVC NO. 654/2016 ON THE FILE OF X ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – Sriram General Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 1,45,000/- (Rupees One Lakh Forty Five 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 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. Out of the enhanced compensation amount of Rs.1,45,000/-, a sum of Rs.45,000/- shall be deposited in fixed deposit in the name of the appellant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The remaining compensation of Rs.1,00,000/- shall be released in favour of the appellant, 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 Mkm/Rbv Sd/- MEMBER