HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE S.G. PANDIT & SRI. N.DINESH RAO, MEMBER M.F.A.No. 6683/2011 (MV) (Lok Adalat No. 23/2019) BETWEEN 1. Smt. Mumtaj Unnisa, Aged about 42 years, W/o. Late Allisab, 2. Tanzeer Pasha, Aged about 25 years, S/o. Late Allisab, R/o. Kobbari Pet, Hosadurga, Chitradurga District. ... Appellants (By Sri. Rajashekara Seeri, Advocate) AND 1. Mehaboob Basha, S/o. Ahammed Jan, Aged about 32 years, No. 132, Gousia Nagara, B-Division, Hosadurga, Chitradurga District-577527.
2. H.G.Dadapeer, S/o. Abdul Guffar Sab, Aged Major, B-Division, Hosadurga, Chitradurga District-577527.
3. The Divisional Manager, The New India Assurance Co. Ltd., A.M. Arched, Near Vidyarthi Bavana, C.G. Hospital road, Davanagere. ... Respondents (By Sri. P Mahesha, Advocate for R.1 Sri. M Narayanappa, Advocate for R.3 Notice to R.2 is d/w v/o dt:08.11.2013) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2011 PASSED IN MVC NO.839/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., (ITINERARY), HOSADURGA, 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 appellants - claimants and the learned Counsel for the Respondent – New India Assurance Company Limited 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 global compensation of Rs.14,90,000/- (Rupees Fourteen Lakh Ninety 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. 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 RB