HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.4235/2016 (MV) (Lok Adalat No.3658/2019) 1. KHADAR KHAN, S/O LATE UMAR KHAN, AGED ABOUT 49 YEARS, 2. AYESHA, W/O KHADAR KHAN, AGED ABOUT 36 YEARS, 3. MAHIN, D/O KHADAR KHAN, AGED ABOUT 13 YEARS, (SINCE APPELLANT NO.3 IS MINOR, REP. BY NATURAL GURADIAN AND FATHER i.e. APPELLANAT NO.1) ALL ARE R/A AT:
NO.231/7, 1ST MAIN, KRISHNAPPA BUILDING, SIDDAPURA, WHITEFIELD, BANGALORE – 560066. ...APPELLANTS (BY SRI. GURUDEVA PRASAD.K.T, ADVOCATE) AND:
1 . M/S MAHAVEER BULK CAREERS, NO.102/2A, 2B, HARLUR VILLAGE, KORMANGALA POST, VARTHUR HOBLI.
2. BAJAJ ALLIANZ GENERAL, INSURANCE COMPANY LIMITED, NO.1/2, 4TH FLOOR, HEIGHTS, 59 ‘C’ CROSS, RAJAJINAGAR, BENGALURU.
BY ITS MANAGER. …RESPONDENTS (BY SRI.B.PRADEEP FOR R2 V/O DATED 07.06.2017 NOTICE TO R1 D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.03.2016 PASSED IN MVC NO.2094/2015 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETIITON FOR COMPENSATIN AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent – Bajaj Allianz General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 as per the ratio adopted by the Claims Tribunal.
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 MBM