HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.86/2018 (MV) (Lok Adalat No.2269/2019) BETWEEN:
Mrs. Girija W/o late Gopala Poojary Aged about 59 years R/at Deddu House, Boliyar Village, Mangaluru Taluk, D.K. District-574 153.
(By Sri Ravishankar Shastry G., Advocate) AND:
1. Mr. Mansoor Ahmed S/o Sulaiman Adult, R/at Door No.2-27B, Sajipapadu House, Sajipa Post, Katekani Bantwal Taluk, D.K.District-574 219.
2. United India Insurance Co. Ltd., Saldanha Building, Bridge Road, Balmata, Mangaluru, D.K. District Represented by its Branch Manager PIN-575 001.
(By Sri S.Srishaila, Advocate for R2; R1 Served & unrepresented) ...Appellant ...Respondents This MFA is filed under Section 173(1) of MV Act, against he judgment and award dated 07.06.2016 passed in MVC No.505/2014 on the file of the Principal Senior Civil Judge & MACT, Mangaluru, D.K. 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 –United India Insurance 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 has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.14,25,000/- (Rupees Fourteen Lakhs Twenty Five 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 compensation amount shall be disbursed in favour of the appellant – claimant as per the orders of the Tribunal, on proper identification and acknowledgment.
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 AP/-