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.5875/2018 (Lok Adalath No.141/2019) BETWEEN:
RIYAZ AHAMMED S/O NISAR AHEMED AGED ABOUT 22 YEARS R/AT DODADAHALLI VILLAGE CHAMARAJANAGAR TALUK.
NOW R/AT C/O SYED AHAMMED KIRANGUR VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 405. ... APPELLANT (BY SRI. SANATH KUMARA K.M., ADVOCATE) AND:
1. CHANDRAMUKI SHARMA MAJOR, S/O KAMAL NETHAR R/O NO.B-21, CENTURY PARK APARTMENT, RICHMOND ROAD BANGALORE – 570 002.
2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO., LTD., SARASWATHIPURAM MYSURU – 570 009. ... RESPONDENTS (BY SRI. V. NARAYANA SWAMY., ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29/01/2018, PASSED IN MVC NO.839/2016, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, 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 VIDE ORDER DATED 29.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant and the representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled.
Appellant-claimant has 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*