HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.6404/2015 (MV) (Lok Adalat No.928/2019) BETWEEN:
Mallik Rihan, S/o Zakir Hussain, Aged about 17 years, Since Minor, Rep by his natural guardian Father, Zakir Hussain, S/o Ismail Sab, Aged about 36 years, R/o Old Bethur Road, Davangere – 577 002.
(By Sri Hanumanthappa.A, Advocate) ... Appellant AND:
1. Rafiq, S/o Ismail Sab, 36 years, Driver of Omni, Reg.No.KA-25/N-1842, R/o 2nd Cross, Venka Bhovi Colony, Old Bethur Road, Davangere – 577 002.
2. Habibulla, S/o Babu Sab, 37 years, Driver of Omni, Reg.No.KA-25/N-1842, R/o at No.228, 1st Main, 5th Cross, Jalinagar, Davangere – 577 001.
3. The Divisional Manager, New India Assurance Company Ltd, Divisional Office, C.G.Hospital Road, Vidyarthi Bhavan Circle, Davangere – 577 002.
(By Sri.Ashok N.Patil, Advocate for R3;
V/o dated 05.04.2019, notice to R1 & R2 is d/w) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.01.2015 PASSED IN MVC NO.495/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT-5, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 Appellant - claimant and the learned Counsel appearing for the third Respondent – New India Assurance 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the third respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the third respondent-insurance company has agreed to pay a global compensation of Rs.50,000/- (Rupees Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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 HB/-