HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE S.G. PANDIT & SRI. N.DINESH RAO, MEMBER M.F.A.No. 4476/2018 (MV) (Lok Adalat No. 98/2019) BETWEEN Ismail Shafi, Now aged 27 years, S/o. Mammunhi Bautti, R/o Balandkuda House, Kodangee, Kodibail, Uppala Post, Kasaragod, Kerala-671127. ... Appellant (By Sri. Vishwanatha Poojary K, Advocate) AND 1. Shrinath Kamath, Now aged 47 years, S/o. Janardana Kamath, R/o. Sri. Ram Nagara, Venur Post, Belthangady, Taluk Dakshina, Kannada District-574214.
2. The Divisional Manager, New India Assurance Co., Ltd., Divisional Office, Centenary building, 2nd Floor, GHS Road, Mangalore, Dakshina Kannada District-575001. .. Respondents (By Sri. Ashok N Patil, Advocate for R.2 Notice to R.1 is d/w v/o dt: 23.01.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2017 PASSED IN MVC NO.1523/2016 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MACT, 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 ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant - claimant and the learned Counsel for the Respondent – New India Assurance Company Limited 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.15,000/- (Rupees Fifteen 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 -claimant, 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 RB