HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA & SMT. M. JYOTHI, MEMBER M.F.A.No. 6375/2012 (MV) (Lok Adalat No. 3700/2016) BETWEEN Smt. Nirmala Wife of Virupakshaiah, Age: 66 years, Occupation: House Wife, Residing at : Opp to Old Post Office, Vijayapura Extension, Chikmagalore – 577 101. ... APPELLANT (By Sri. G.S. Bhat & Associates, Advocates) AND 1. Mr. Javid Son of Mohammed Shafiulla, Aged about 23 years, Residing at Hirekolale Road, Uppalli, Chikmagalore Taluk, Chikmagalore District-577 101, (Rider of the Motor Cycle No.KA-18/Q-1648).
2. Sri. Shamir Ahamed Son of Noor Ahamed Khan, Aged about 23 years, Anil Engineering Works, Mallandur Road, Chikmagalore – 577 101, (Owner of the Motor Cycle No. KA-18/Q-1648).
3. The Branch Manager, National Insurance Co. Ltd., Yashoram Chambers, R.G. Road, Chickmagalore-577 101. ... RESPONDENTS (By Smt. Geetha Raj, Advocate for R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2011 PASSED IN MVC NO. 49/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AND MEMBER, MACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant 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 lump sum of Rs. 45,000/- (Rupees Forty Five 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 entire enhanced compensation amount shall be released in favour of the appellant, 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 Rbv Sd/- MEMBER