HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 2248/2014 (MV) (Lok Adalat No. 2953/2016) BETWEEN :
MR IBRAHIM, NOW AGED 27 YEARS, SON OF LATE PUTHU BYARI, R/O SARAPUNI HOUSE, KEDAMBADY POST & VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574201 ... APPELLANT (BY: SRI. VISHWANATHA POOJARY K, ADVOCATE) AND :
1. MR. MOHAMMED NADEEM NOW 41 YEARS, SON OF MOHIUDDIN ABDUL KADAR, R/O DOLTHODI HOUSE, MUDNOOR KAU VILLAGE, PUTTUR TALUK, DAKSHINA KANNDA DISTRICT-574201 2. MR. K. IBRAHIM HAJI NOW 36 YEARS, S/O ABDULKHADRA HAJI, R/O DOLTHODI HOUSE, MUDNOOR KAVU VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574201 3. THE MANAGER THE IFFCO TOKIO GENERAL INSURANCE CO.LTD 3RD FLOOR, LALBHAG TOWER, MANGALORE, DAKSHINA KANNADA DISTRICT-575001. ... RESPONDENTS (By: Sri. H N KESHAVA PRASHANTH FOR R3, NOTICE TO R1 & R2 IS D/W V/O/DTD 16/1/2015) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.8.2013 PASSED IN MVC NO.214/2013 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE, D.K. MANAGALORE, SITTING AT PUTTUR, 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 claimant-appellant and the learned Counsel for the respondent – IFFCO TOKIO 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. 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 – 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 entire enhanced compensation amount 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 Sd/- MEMBER Rbv