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.5182 OF 2018 (MV) (LOK ADALATH NO.363/2019) BETWEEN:
THE ORIENTAL INSURANCE COMPANY LTD., TGMA BLDG.J.C.ROAD, TUMKUR-572101, REPRESENTED BY AUTHORIZED SIGNATORY AT REGIONAL OFFICE, # 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE-560025. ... APPELLANT (BY SRI S SRISHAILA, ADVOCATE) AND:
1. V AYESHA, AGED ABOUT 44 YEARS, W/O V MOHAMMED.
2. V MOHAMMAD, AGED 50 YEARS, S/O ADHRAM.
3. ABDUL RAHIMAN, AGED 24 YEARS, S/O V MOHAMMAD.
4. SIRAJUDDIN, AGED 18 YEARS, S/O V MOHAMMAD.
ALL ARE RESIDING AT MEGINAPETE HOUSE, VITTAL KASABA VILLAGE, BANTWAL TALUK, D.K.
5. MOHAMMAD IRFAN, MAJOR, S/O ZAIBUNNIASA, R/AT NO.10, ZEENATH MANZIL, RAILWAY STATION ROAD, MANGALPADI, UPPALA POST, KASARGOD DISTRICT, KERALA-671322. ... RESPONDENTS (SRI VISHWANATHA POOJARY K, ADV. FOR R1 TO R4) 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.1361/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K, AWARDING COMPENSATION OF RS.13,18,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
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 Appellant-Insurance Company along with its representative and the learned counsel for the respondents Nos.1 to 4-claimants are present.
2. After prolonged negotiations, the matter is settled. The Appellant-Insurance Company has agreed to pay and the respondents Nos.1 to 4-claimants have agreed to receive a lump-sum of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty Thousand Only) instead of Rs.13,18,000/- 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 apportionment, deposit and release of the modified compensation amount shall be made as per ratio adopted by the claims Tribunal.
5. 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.
Sd/-
ACTING CHIEF JUSTICE BSR Sd/- MEMBER