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 L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.4338/2018 (MV) (Lok Adalat No.2111/2019) BETWEEN 1. Mazhar Khan @ Muzhar Khan @ Majara Khana, S/o late Hussain Khan, aged about 67 years, 2. Ashmath Jaan @ Asmath, w/o Mazhar Khan @ Muzhar Khan @ Majara Khana, aged about 65 years, 3. Arif Khan, S/o Mazhar Khan @ Muzhar Khan @ Majara Khana, aged about 26 years, r/o D.No.1-21/4, Mengala Padavu, Permude, Bajpe – 574 142, Mangaluru. ... Appellants (By Sri Guruprasad B.R., Advocate) AND 1. Oriental Insurance Co. Ltd., Beauty Plaza, Balmatta Road, Mangaluru – 575 002, Rep. by its Manager.
2. Sandeep Shetty, S/o Narayana, Adult, r/at. D.No.01-N-33-2845/13, Boloor, Mangaluru – 575 003. …Respondents (By Sri A.Ravishankar, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2018 PASSED IN MVC NO.836/2016 ON THE FILE OF THE VI ADDL. DISTRICT & SESSIONS JUDGE & MACT, 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 Appellants - Claimants and the learned Counsel appearing for the First Respondent – Oriental 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 appellants to sign) and the learned advocate appearing for the First respondent – Insurance Company and its authorized officer is filed. The Appellants - Claimants have agreed to receive and the first Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,92,000/- (Rupees One Lakh Ninety Two Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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 Judgment and Award passed 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 Mkm*