HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.811/2017 (MV) (LOK ADALATH NO.4066/2017) BETWEEN:
SARA FATHIMA D/O MUJIBUR REHAMAN AGED ABOUT 5 YEARS, MINOR BY GUARDIAN FATHER MUJIBUR REHAMN S/O HUSSAIN SAHEB AGED ABOUT 42 YEARS, VETERINARY DOCTOR, CHAMPAKANAGARA EXTENSION, SAKALESHPURA TOWN - 573 134. ... APPELLANT (BY SRI.SRINIVAS V, ADV.) AND:
1. A.M. D SOUZA & SONS SHOP NO.4, GURUKEUPA COMPLEX OPP KARAVALI HOTEL H-17, UDUPI - 576 101.
2. NATIONAL INSURANCE CO. LTD., 2ND FLOOR, RASIK CHAMBER MARKET ROAD, MANGALORE - 574 123 REPRESENTED BY NATIONAL INSURANCE CO LTD., MANJUNATHESWARA COMPLEX BUS STAND ROAD, HASSAN - 573 116. ... RESPONDENTS (BY SRI.S V HEGDE MULKHAND, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.04.2016 PASSED IN MVC NO.1131/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, SAKLESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled.
The Respondent-Insurance Company has agreed to pay a global sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The entire enhanced award amount shall be deposited in fixed deposit in the name of the minor appellant in any Nationalized / Scheduled Bank till she attains the majority with liberty to the minor guardian to withdraw the interest periodically.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv