HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.9278/2015 (Lok Adalat No.2939/2017) BETWEEN PARASHURAM @PARASHAPPA AGED ABOUT 54 YEARS S/O LATE RANGAPPA R/O UPPAR STREET HOLEHONNUR VILLAGE BHADRAVATHI TALUK – 577 401 ... APPELLANT (By SRI CHIDAMBARA G.S., ADV.) AND 1. RIYAZ AHMED AGED 35 YEARS S/O KHASIM SAB BALASING R/O NO.38/9, ALTAF NAGAR ISLAMPUR ROAD, HUBLI – 580 001 ONWER OF TATA ACE 2. ALTAF HUSEN AGED ABOUT 42 YEARS S/O MUKTUM SAB KOTTURA R/O N.A.NAGAR, 1ST CROSS HUBLI – 580 001 DRIVER OF TATA ACE 3. CHOLAMANDALAM MS GENERAL INSURANCE CO., LTD., II FLOOR, DARE HOUSE 2 NSC BOSE ROAD CHENNAI – 600 001 TAMIL NADU ... RESPONDENTS (By SRI H.S.LINGARAJ, ADV., FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.04.2015 PASSED IN MVC NO.250/2013 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIMOGA, SITTING AT BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company 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.95,000/- (Rupees ninety 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 and the same shall be released in favour of the appellant.
4. 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 Mgn/-