HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI. VIJAYAKUMAR MAJAGE, MEMBER BETWEEN M.F.A.No. 4968/2017 (MV) (Lok Adalat No.2377/2018) 1. Hanuman Ram Jangid, S/o Late Motilal, Aged about 48 years, 2. Pushpa W/o Hanuman Ram Jangid Aged about 46 years, Both are residing at:
No.43/4, Bazzar Road, Yelahanka, Bengaluru (By Sri. Shripad V. Shastri, Advocate) ... Appellants AND 1. United India Insurance Co. Ltd., No.119, Sylvesta Arcade, East Park Road, 11th Cross, Malleshwaram, Bengaluru-560 003.
(I.P.NO.07160031159103657410 Valid from 05.07.2015 to 04.07.2016).
2. Mr. Anwar Ali, S/o Akbar Ali, Major, R/at No.4/3, Nehru Street, Near Auto Compound Venkateshpuram, Bengaluru-560 020.
3. Murad H Lalani, S/o Hasanali M. Lalani, Aged about 49 years, R/at No.44, D-6.
Kendriya Vihar, Yelahanka, Bengaluru-560 064.
(By Sri. Jwalakumar, Advocate for R1;
Notice to R2 and R3 is d/w. v/o dated 30.11.2018) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.03.2017 PASSED IN MVC NO. 3142/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND THE MEMBER-MACT, XIX ACMM, BENGALURU(SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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 Appellants - claimants and the learned Counsel for the Respondent – United India Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants - Claimants have agreed to receive and the Respondent - Insurance Co., has agreed to pay a lump sum of Rs.40,000/- (Rupees Forty 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 - United India Insurance Co. Ltd., 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 appellant Nos.1 and 2 as per the ratio adopted by the Claims Tribunal, 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 ag