HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.4483/2018 (Lok Adalath No.105/2019) BETWEEN:
IRSHAD K NOW AGED ABOUT 26 YEARS S/O SUAIMAN R/O ALAKKE HOUSE KIDDEL KALLERI THANNIRUPANTHA VILLAGE, BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT – 574 214.
... APPELLANT (BY SRI. VISHWANATHA POOJARY K., ADVOCATE) AND:
1. ABDUL RAHIMAN C.A NOW AGED 47 YEARS S/O ABDUL KADHAR R/O JEELANI MANZIL MIDAD NAGAR, ALAMPADY CHANGALA CHEROOR, KASARAGOD DISTRICT – 671 127.
2. THE MANAGER THE ORIENTAL INSURANCE CO. LTD., KRISHNAPRASAD BUILDING 3RD FLOOR, M.G. ROAD LALABAGH MANGALORE DAKSHINA KANNADA DISTRICT – 575 001.
... RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.08.2017 PASSED IN MVC NO.1225/2016 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, 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 VIDE ORDER DATED 23.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of ` 80,000/- (Rupees Eighty 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. Entire amount shall be released in favour of appellant on proper identification.
3. 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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER sp*