HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 5042/2014 (MV) (Lok Adalat No. 1337/2016) BETWEEN 1. Smt. Rahamatunnisa W/o Late Akthar Pasha, Aged about 57 years, 3. Imthiyaz Pasha S/o Late Akthar Pasha, Aged about 37 years, 3. Iliyaz Pasha S/o Akthar Pasha, Aged about 30 years, 4. Fouziya Kouser, D/o Late Akthar Pasha, Aged 27 years, 5. Sadia Kouser, D/o Late Akthar Pasha, Aged 36 years, 6. Sumaiah Kouser D/o Late Akthar Pasha, Aged 33 years, All are r/o Lalband Beedi, Hunsur Town, Mysore District 571408 and also R/o Nayaz Pasha, r/o 2nd Cross, Ganjam, Srirangapatna – 571428. ... Appellants (By Sri Pramod R., Advocate) AND 1. Chandran K.A. S/o Ayyappan, Aged 38 years, r/o Karukayil House, Pandipura Post, Pandipura, Idukki, Kerala State – 771406.
2. The Branch Manager, Royal Sundaram Allianz Ins. Co. Ltd., Branch Office, No.132, 3rd Floor, Shika Towers, Ramavilas Road, Mysore - 571408. ... Respondents (By Sri P.B.Raju, Advocate for R-2, Notice to R-1 d/w v.o. dated: 03.09.2015] MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.10.2012 PASSED IN MVC NO. 1434/2011 ON THE FILE OF THE PRL. CIVIL JUDGE (SR. DVN.) AND MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants - appellants and the learned Counsel for the respondent – Royal Sundaram Alliance Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellants - Claimants have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 6,00,000/- (Rupees Six Lakhs 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.
4. The apportionment, deposit and disbursement of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. 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 Mkm/Rbv