HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE JOHN MICHAEL CUNHA & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No. 5018/2018 ( MV) (Lok Adalat No.315/19) BETWEEN MR. SEBIYANA S/O LATE ABDUL RAHIMAN AGED 27 YEARS R/AT NANDAVARA GURME HOUSE SAJIPA MANNUR VILLAGE PANEMANGALORE POST BANTWAL TALUK D.K. DISTRICT PIN – 574 219.
... APPELLANT (BY SRI G. RAVISHANKAR SHASTRY– ADVOCATE) AND 1. MR. MOHAMMAD SHAREEF S/O ABDUL KHADER AGED 40 YEARS R/AT DOOR NO.4-165 INDIRA NAGAR HOUSE SAJIPA MUNNUR POST ALADY VILLAGE, BANTWAL TALUK D.K. DISTRICT PIN – 574 231.
2. THE ORIENTAL INSURANCE CO. LTD., UDUPI D.O. 2ND FLOOR BEAUTY PLAZA, BALMATTA MANGALORE D.K. DISTRICT-PIN – 575001.
REPRESENTED BY ITS DIVISIONAL MANAGER ... RESPONDENTS (BY SRI B. SURESH – ADVOCATE FOR R.2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2017, PASSED IN MVC NO. 443/2017, ON THE FILE OF THE MEMBER, MACT AND I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant-Claimant and the learned Counsel for the Respondent–Oriental Insurance Company Limited 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 lump-sum of Rs.60,000/- (Rupees Sixty 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. The entire enhanced compensation amount shall be released in favour of the Appellant-Claimant, on proper identification.
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 Sd/- MEMBER KPS