HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA & SRI ARVIND KAMATH, MEMBER M.F.A.No. 4472/2018 (MV) (Lok Adalat No. 94/2019) BETWEEN Mohammed Shuheb Malik, Now aged 07 years, s/o Arifulla, r/o Ahammad Nagara, 1st Cross, Davanagere, Minor rep. by Legal Guardian Father-Arifulla, S/o Abdulla Vahab Saheb, 30 years, Now R/o C/o Ameerzan, A.M. Manzil House, Hosamajalu, Kowkrady Village, Puttur Taluk, D.K. District – 574 201. ... Appellant (By Sri Vishwanatha Poojary K., Advocate) AND 1. Krishna Prasad, Now aged 33 years, S/o Ananda Gowda, R/o Parla House, Palthady Post & Village, Puttur Taluk, Dakshina Kannada District – 574 201.
2. The Manager, National Ins. Co. Ltd., 1st Floor, Rasik Chamber, Opp. Central Market, Market Road, Mangalore, Dakshina Kannada District – 575 001. ... Respondents (By Sri B.C. Seetharamarao, Advocate for R-2, Notice to R.1-d/w. v/o. dated 23.01.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2017 PASSED IN MVC NO. 1643/2016 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant/Claimant and the learned Counsel for the Respondent – National Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellant/Claimant has agreed to receive and the 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. A joint Memo is filed on behalf of the parties to this effect.
3. The 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. Out of the enhanced compensation amount, since the appellant is a minor, 50% shall be kept in fixed deposit in any nationalized/schedule bank in his name till he attains the age of majority with a liberty to minor guardian to draw the interest periodically. The remaining 50% amount shall be released in favour of the guardian of the claimant towards medical expenses, 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 Mkm Sd/- MEMBER