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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.6507/2016 (MV) (Lok Adalat No.1041/2019) BETWEEN MASTER IFRAN S/O MR.ABDUL HAMMED AGED 12 YEARS R/AT K.C.ROAD, KATUNGARA GUDDE HOUSE TALAPADY VILLAGE & POST MANGALURU TALUK SINCE MIN9R REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN, MR.ABDUL HAMEED S/O MR.ABBAS, MAJOR R/AT K.C.ROAD, KATUNGARA GUDDE HOUSE TALAPADY VILLAGE & POST MANGALURU TALUK D.K. DISTRICT – 575 009 ... APPELLANT (BY SRI RAVISHANKAR SHASTRY G., ADVOCATE) AND 1. MR.SIRAJUDDIN S/O MR.HASSINAR ADULT, OCCUPATION NOT KNOWN R/AT DOOR NO.8-6(A)(29C) K.C.ROAD, KATUNGARE GUDDE SOMESHWARA VILLAGE, TALAPADY POST MANGALURU TALUK, D.K.DISTRICT – 575 012 2. NATIONAL INSURANCE CO. LTD. BRANCH OFFICE AT 2ND FLOOR INLAND ORNATE, NAVBHARATH CIRCLE OPP: HOTEL OCEAN PEARL MANGALURU – 575 004 REPRESENTED BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI S.V.HEGDE MULKHAND, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2016 PASSED IN MVC NO.182/2015 ON THE FILE OF THE MACT & PRINCIPAL SENIOR CIVIL JUDGE, D.K. MANGALURU, 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 – National 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.70,000/- (Rupees Seventy 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, the entire enhanced compensation amount shall be kept in fixed deposit in any Nationalised or Scheduled Bank in the name of the appellant till he attains the age of majority with a liberty to guardian of the appellant to draw the accrued 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 KLV Sd/- MEMBER