HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 1890/2012 (MV) (Lok Adalat No. 4866/2017) BETWEEN:
Mr. Henry Apposs, Aged about 55 years, S/o Pedru Opposs, R/at Kerebail House, Thokkottu, Permannur Post, Mangalore, Appellant has lost his memory power. Hence, rep. by his next friend/natural Guardian & Wife Mrs. Estella @ Stella D’Souza. .. Appellant (By Sri. P. Karunakar, Advocate) AND:
1. The Partner, Sarkar Associates, C-36, A1-Rahaba Plaza, 3rd Floor, Nellikai Road, Bunder, Mangalore.
2. New India Assurance Company Ltd., 2nd Floor, Centenary Building, G.H.S. Road, Mangalore.
3. Mr. Kishore Rai, Aged about 36 years, S/o Lakkappa Rai, R/at House No.4-184, Kayyar Bail, Markada Post, Kavoor, Mangalore Taluk-575 015. .. Respondents (By Sri. S.V. Hegde Mulkhand, Advocate for R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.07.2011 PASSED IN M.V.C. NO.41/2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, MANGALORE, D.K., 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 appellant and the representative of Respondent – New India Assurance Company Ltd., along with its counsel 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 compensation of Rs. 1,50,000/- (Rupees One Lakh 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 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 Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE *Rbv Sd/- MEMBER