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 K. SOMASHEKAR & SRI A.P. RANGANATH, MEMBER M.F.A.No. 3705/2017 (MV) (Lok Adalat No.2454/2018) BETWEEN Master Ashraf, S/o Abbas Hosamajalu, aged about 10 years, minor, rep. by his Guardian & father Abbas Hosamajalu, S/o Abbu Beary, Aged about 45 years, Colony House, Kowkarady Village, Nelyadi Post, Puttur – 574 201. ... Appellant (By Sri Vishwajith Shetty S., Advocate) AND 1. Ummerabba, S/o Yakoob, Aged about 44 years, R/o Mundaje, Somandadka, Mallige Mane, Mundaje Village, Belthangady Taluk – 574 217.
2. The Divisional Manager, Shriram Gen. Ins. Co. Ltd., E-8, EPIP RIICO, Sitapura, Jaipur, Rajasthan State – 410 201. ... Respondents (By Sri B.Pradeep, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2016 PASSED IN MVC NO.799/2012 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE & JMFC, MANGALURU, D.K., 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 Second Respondent – Shriram 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 appellant (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 appellant-claimant has agreed to receive and the Second respondent-insurance company has agreed to pay a lump-sum of Rs.90,000/- (Rupees Ninety Thousand 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. Since the appellant is minor, Rs.50,000/- shall be released in favour of guardian of the appellant-claimant, on proper identification. Remaining Rs.40,000/- shall be kept in Fixed Deposit in any Nationalized/Scheduled Bank in the name of the minor appellant till he attains the age of majority with a liberty to the guardian of minor appellant to draw the interest periodically.
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 Mkm* Sd/- MEMBER