HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.8834/2015 (MV) (Lok Adalat No.3797/2019) BETWEEN:
Raje Gowda S/o late L.Sidde Gowda Aged about 49 years Residing at Ankanahalli Halagur Hobli, Malavalli Taluk, Mandya District Now residing at: C/o N.D.Lakshmamma No.76, Vajrahalli Village, Konanakunte Cross, Bengaluru-62. (By Sri Premakumar C.S., Advocate) AND:
1. Javahir Khan S/o Mohammed Ghouse R/o No.607, Halagure Malavalli Taluk, Mandya District-571 430.
...Appellant 2. Ashraf Ahmed M.N.
S/o Nazeer Ahmed M.P. 10th Cross, Muslim Block Halahalli, Mandya Taluk & District-571 430.
3. United India Insurance Co. Ltd., II Floor, 3rd Party Motor Award Claims Hub Hudson Circle, Krishi Bhavan Bengaluru-560 002.
(By Sri Ravish Benni, Advocate for R3; R1 & R2 – Served & unrepresented ) ...Respondents This MFA is filed under Section 173(1) of MV Act, against he judgment and award dated 31.12.2014 Passed in MVC No.1699/2014 on the file of the XIII Additional Small Causes Judge and MACT, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for conciliation before Lok Adalat, the following conciliation order is passed:
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant and the learned Counsel appearing for the third Respondent –United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the third respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the third respondent-insurance company has agreed to pay a global compensation of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Third 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 entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification and acknowledgment.
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 AP/-