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 L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.8407/2018 (MV) (Lok Adalat No.2115/2019) BETWEEN Mr. Haaris K. @ Haris K., S/o Abdhul Khadar @ Khadar, Aged about 21 years, Residing at Konkodi House, Golithottu Post and Village, Puttur Taluk, Presently R/at. Chembu Gudde Thokkottu, Mangaluru – 575 017. ... Appellant (By Sri Guruprasad B.R., Advocate) AND 1. The Oriental Insurance Co. Ltd., REB Commercial Complex, 1st Floor, D.No.2-6/26(13), Thokkuttu, Mangaluru Taluk – 575 017.
Represented by its Manager.
2. Mr.Mohammed Riyaz Thokur, S/o T.A.Khader, Aged about 40 years, r/o Door No.4-3/A, Kodange House, Near Railway Gate, Jokatte Post, Mangaluru – 575 011. …Respondents (By Sri C.R.Ravishankar, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.01.2018 PASSED IN MVC NO.558/2016 ON THE FILE OF THE M.A.C.T. & III ADDL. SENIOR CIVIL JUDGE, 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 First Respondent – Oriental Insurance Company Limited and 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 First respondent – Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the First Respondent - Insurance Company has agreed to pay a lump-sum of Rs.10,00,000/- (Rupees Ten lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and award passed by the Claims Tribunal.
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 Mkm*