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 B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.2041/2016(MV) (LOK ADALATH NO.3918/2017) BETWEEN:
MR. SALMAN AHMED KHAN, S/O ZUBAIR KHAN, AGE: 23 YEARS, OCC: SALES EXECUTIVE, SINCE NOT ABLE TO SPEAK AND UNCONSCIOUS HE REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN, ZUBER AHMED S/O KHADAR PEER KHAN AGE: MAJOR, OCC: DRIVER, R/O NO.1814, 10TH CROSS, 3RD BLOCK, NEAR BDA COMPLEX, AL-HILAL NAGAR, H.B.R. LAYOUT, KALYANANAGAR, BENGALURU-560 043. (BY SRI SURESH M. LATUR, ADVOCATE) AND 1. SRI NAGARAJA MURTHY S., R/O NO.10, MIG II, ... APPELLANT K.H.B. LAYOUT, MYSORE ROAD, KANAKAPURA, RAMANAGARA DISTRICT, BENGALURU 562117.
2. THE REGIONAL MANAGER, THE ORIENTAL INSURANCE. CO.LTD., NO.44/45, LEO COMPLEX, RESIDENCY ROAD, BENGALURU 560 025.
... RESPONDENTS (BY SRI H. S. LINGARAJ, ADVOCATE FOR R2 ) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.12.2015 PASSED IN MVC NO.629/2014 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, 28TH ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lumpsum of Rs.2,30,000/- (Rupees Two Lakhs 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.
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. Out of the enhanced compensation, 50% of the same shall be deposited in the name of the appellant in any Nationalised Bank for a period of five years. The balance 50% of the enhanced amount shall be released in favour of the appellant.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-