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.1332/2018 (Lok Adalath No. 2641/2018) BETWEEN:
SALEEMULLA @ SALEEM S/O LATE K.S.SARADAR AGED ABOUT 36 YEARS R/O A.K.COLONY MARKET ROAD CHIKKAMAGALURU 577101 ….APPELLANT (BY SRI. GIRISH B BALADARE, ADVOCATE) AND:
1 THE MANAGER M/S.NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE 1ST FLOOR, S.S.COMPLEX B.H.ROAD, SHIMOGA 577 201 2 C.S.RAMESH S/O SAGANAIAH AGED ABOUT 44 YEARS R/O SANTHE MAIDANA CHIKKAMAGALURU 577 101 3 NAZEER AHMED S/O IBRAHIM KHALEEL AGED ABOUT 40 YEARS R/O BIDAREHALLI VILLAGE & POST MUDIGERE TALUK CHIKKAMAGALURU DISTRICT 577 101 4 THE MANAGER M/S.NATIONAL INSURANCE COMPANY LIMITED 2ND FLOOR,YASHORAM CHAMBERS R.G.ROAD, CHIKKAMAGALURU 577 101 ….RESPONDENTS (BY SRI. P.B.RAJU, ADVOCATE FOR R-1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED PASSED IN MVC NO.236/2013 ON THE FILE OF THE II ADDL. DISTRICT JUDGE & MACT, CHIKKAMAGALURU 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 05.12.2018, 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 ` 90,000/- (Rupees Ninety 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*