HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.4873/2017 (Lok Adalat No.5963/2017) BETWEEN 1. SMT MUBEEN TAJ W/O LATE MOKTHAR AHAMED AGED ABOUT 29 YEARS 2. MASTER MOHAMMED SUHAIL S/O LATE MOKTHAR AHAMED AGED ABOUT 10 YEARS BEING MINOR REP BY HIS NATURAL GUARDIAN MOTHER SMT MUBEEN TAJ BOTH ARE R/AT SOMANATHAPURA VILLAGE SOSALE HOBLI, T NARASIPURA TALUK MYSORE DISTRICT PIN : 571101 ... APPELLANTS (BY SRI. SANATH KUMARA K M, ADV.,) AND 1. NAGENDRA R S/O RANGANATH D AGE 34 YEARS R/AT NO 149/B, AMBEDKAR COLONEY JEEMARAHALLI VILLAGE BILIGERE HOBLI, NANJANAGUDU TALUK MYSORE DISTRICT PIN : 571442 2. MAHADEVASWAMY K S/O LATE KRISHNAIAH R AGE 29 YEARS R/AT NO 272, ALANAHALLI T N PURA MAIN ROAD, MYSURU - 570029 3. THE BRANCH MANGER NEW INDIA ASSURANCE CO LTD T P CLAIMS HUB OFFICE, NO 2951, 2ND STAGE, JLB ROAD, CHAMRAJAPURAM MYSURU - 570013 ... RESPONDENTS (BY SRI. C SHANKAR REDDY, ADV., FOR R3; NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2016 PASSED IN MVC NO.57/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MOTOR ACCIDENTS CLAIMS TRIBUNAL TIRUMAKUDALU NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimants-appellants and the learned counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellants-Claimants have agreed to receive and the Respondent- Insurance Company has agreed to pay a lump- sum of Rs.60,000/- (Rupees Sixty 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. Apportionment, deposit and release of additional compensation amount among the claimants will be in the ratio of the award of the 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 PMR