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.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.5183 OF 2018 (MV) (LOK ADALATH NO.362/2019) C/W MISCELLANEOUS FIRST APPEAL NO.6427 OF 2018 (LOK ADALATH NO.2118/2018) IN M.F.A.NO.5183 OF 2018:
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LTD., TGMA BLDG, J.C.ROAD, TUMKUR-572101, REPRESENTED BY AUTHORISED SIGNATORY AT REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BENGALURU – 560025. …APPELLANT (BY SHRI S SRISHAILA, ADVOCATE) AND:
1. ASIF @ MOHAMMAD ASHIF, S/O ZAIBUNNJISA, AGED ABOUT 18 YEARS, RESIDING AT MEGINAPETE HOUSE, VITTAL KASABA VILLAGE, BANTWAL TALUK, D.K.
2. MOHAMMAD IRFAN, MAJOR, S/O ZAIBUNNIASA, R/AT NO.10, ZEENATH MANZIL, RAILWAY STATION ROAD, MANGALPADI, UPPALA POST, KASARGOD DISTRICT, KERALA – 671 322. …RESPONDENTS (SRI VISHWANATHA POOJARY K, ADV. FOR R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2015 PASSED IN M.V.C. NO.1360/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K, AWARDING COMPENSATION OF RS.1,73,468/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALISATION.
IN M.F.A.NO.6427 OF 2016 BETWEEN:
ASIF @ MOHAMMAD ASHIF, S/O ABDUL REHAMAN, AGED ABOUT 20 YEARS, RESIDING AT MEGINAPETE HOUSE, VITTAL KASABA VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT PIN - 574211. …APPELLANT (BY SRI.VISHWANATHA POOJARY K, ADVOCATE) AND:
1. MOHAMMAD IRFAN, MAJOR, S/O ZAIBUNNIASA, R/AT NO.98/10, ZEENATH MANZIL, RAILWAY STATION ROAD, MANGALPADI, UPPALA POST, KASARGOD DISTRICT, KERALA STATE – 671 322.
2. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY IT’S MANAGER, CITY POINT BUILDING, PRESS CLUB JUNCTION, M.G.ROAD, KASARAGODU DISTRICT, KERALA STATE PIN – 671322. …RESPONDENTS (BY SRI S.SRISHAILA, ADVOCATE FOR R2, NOTICE TO R1 D/W V/O DATED 30.11.2017) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2015 PASSED IN M.V.C. NO.1360/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-IX AND PRL. SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THIS CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the Appellant-Insurance Company along with its representative and the learned counsel for the respondent No.1-claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant-Insurance Company has agreed to pay and the respondent No.1-Claimant has agreed to receive a lump-sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) instead of Rs.1,73,468/- with interest at 6% p.a. 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 Appellant-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. The amount, if any, deposited before this Court shall be transferred to the jurisdictional Tribunal forthwith.
4. The deposit and release of the compensation amount shall be made as per the Judgment and Award passed by the Tribunal.
5. Miscellaneous First Appeal No.5183/2018 filed by the Appellant-Insurance Company stands disposed of in terms of the Joint memo. The judgment and award of the Tribunal shall stands modified accordingly.
In view of the settlement arrived at between the parties in MFA No.5183/2018, connected case in MFA No.6427/2016 filed by the claimant is also disposed of. Draw up the Award accordingly.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER