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 L. NARAYANA SWAMY AND SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 8701/2010 (MV) (Lok Adalat No. 4493/2017) BETWEEN:
Smt. Johara W/o Late Aboobakar, Aged 42 years, Nagri, Sajipa Mooda Village, Bantwal Taluk, Now residing at Taufeeq Manzil, Ulaibettu Post and Village, Mangalore Taluk. .. Appellant (By Sri. P. Karunakar, Advocate) AND:
1. A. Prakash S/o Thimmappa Sapalya, Adult, Businessman, R/at D. No.6-119C, Jeppina Mogaru.
2. The Branch Manager, The National Insurance Company Ltd., Rashik Chambers, Opp. Central Market, Mangalore. .. Respondents (By Sri. K.N. Srinivasa, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 16.02.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.10.2009 PASSED IN M.V.C. NO.482/2008 ON THE FILE OF THE III ADDL. DISTRICT JUDGE AND MEMBER, MACT-IV, 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 – National Insurance 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. 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 appellant on proper identification.
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