HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.518/2019 (Lok Adalath No.169/2019) BETWEEN:
1. RAHAMAT UNNISA W/O LATE ABDUL AGED ABOUT 49 YEARS.
2. BI.BI AYESHA D/O LATE ABDUL AGED ABOUT 27 YEARS.
3. FAYAZ PASHA S/O LATE ABDUL AGED ABOUT 25 YEARS.
4. ARSHIYA D/O LATE ABDUL AGED ABOUT 23 YEARS.
5. YARAB PASHA S/O LATE ABDUL AGED ABOUT 21 YEARS.
6. ROMANIYA D/O LATE ABDUL AGED ABOUT 19 YEARS.
7. SUMIYA D/O LATE ABDUL AGED ABOUT 17 YEARS.
APPELLANT NO.7 IS MINOR R/P BY THEIR NEXT FRIEND AND NATUAL GUARDIAN MOTHER-APPELLANT NO.1 RAHAMAT UNNISSA.
ALL ARE R/AT MASJIDI ROAD ZIYAULLA BLOCK RAMANAGARAM – 562 159. ... APPELLANTS (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND:
1. RAVIKUMAR T S/O THANDAVACHAR MAJOR, R/O NO.574 4TH CROSS, KAMALANAGARA BANGALORE – 560 026.
2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., M.H. BORAIAH BUILDING V.V. ROAD, MANDYA CITY – 571 401.
... RESPONDENTS (BY SMT. K.R SATHYAPRABHA., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.09.2018 PASSED IN MVC NO.65/2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 05.02.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellants and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled.
Appellants-claimants have agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of ` 1,30,000/- (Rupees One Lakh Thirty 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. Entire amount shall be released in favour of appellant on proper identification.
3. 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. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER sp*