HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.252/2014 (LOK ADALATH NO.3090/2016) BETWEEN:
NOORULLA KHAN S/O RAFIQ KHAN AGED 25 YEARS COOLIE/HAMALI R/O 8TH CROSS, MAIN ROAD SHANTHI NAGARA RAGIGUDDA SHIMOGA DISTRICT ... APPELLANT (BY SRI. CHINMAYI ASSTS, ADV.,) AND:
1. H AMEER BHASHA S/O HUSSAIN KHAN AGED 42 YEARS R/O S R THIMMAIAH NAGARA K S R T C DEPOT ROAD SHIMOGA CITY-577201 OWNER OF LORRY BEARING REG NO MEK 8277 2. LIYAKATH S/O ABDUL RAZAK AGED ABOUT 60 YEARS R/O THIPPU NAGARA, 4TH CROSS RIGHT SIDE, NEAR MYMANNISA HOUSE, SHIMOGA CITY-577201 DRIVER OF LORRY BEARING REG NO MEK-8277 3. THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO LTD B H ROAD, RUB BUILDING A A CIRCLE SHIMOGA CITY-577201 POLICY NO 240400/31/10/02/00010923 VALID FROM 17/10/2010 TO 16/10/2011 ... RESPONDENTS (BY SRI.O MAHESH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.6.2013 PASSED IN MVC NO.325/2012 ON THE FILE OF THE II ADDL.DISTRICT JUDGE & ADDL.MACT-II, SHIMOGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 29/06/2016, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Entire enhanced award amount shall be released.
Sd/- JUDGE akv Sd/- MEMBER