HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.3806/2018 (MV) (Lok Adalat No.2094/2019) BETWEEN 1. Smt. Safia, W/o Kunhi Mon, Aged about 40 years, 2. Mr. Nazeer, S/o Kunhi Mon, Aged about 23 years, Both are permanent r/o:
Badila House, Koila Village & Post, Puttur Taluk, Presently r/at. Zohara Manzil, Kadri Kambla, Mangaluru. ... Appellants (By Sri Guruprasad B.R., Advocate) AND 1. Oriental Insurance Co. Ltd., Beauty Plaza Building, 2nd Floor, Balmatta Road, Hampankatta, Mangaluru – 01, Represented by its Manager.
2. Mr. Santhosh, S/o Shivappa Poojary, Aged about 31 years, r/o. Kundadka House, puthila Village and Post, Belthangady Taluk – 574 326. …Respondents (By Sri M.P.Srikanth, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2017 PASSED IN MVC NO.1837/2014 ON THE FILE OF THE IV ADDL. DISTRICT JUDGE AND MEMBER, MACT, D.K., MANGALURU, 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 Appellants - Claimants and the learned Counsel appearing for the First Respondent – Oriental Insurance Company Limited and 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the First respondent – Insurance Company and its authorized officer is filed. The Appellants - Claimants have agreed to receive and the First 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.
3. The First 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 release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims 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 Mkm* Sd/- MEMBER