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 S.G. PANDIT & SRI. N.DINESH RAO, MEMBER M.F.A.No. 5934/2018 (MV) (Lok Adalat No.140/2019) BETWEEN 1. Shabhana W/o Mazar Ali @ Rizwan, Aged about 31 years, 2. Mazar Ali @ Rizwan S/o Abdul Hak, Aged about 36 years, 3. Sidiq Ali @ Sidiq Kali S/o Mazar Ali @ Rizwan, Aged about 16 years, 4. Mohammed Azad S/o Mazar Ali @ Rizwan, Aged about 13 years, Appellant Nos.3 and 4 being minors, are Represented by their father- 2nd appellant.
Appellant Nos.1 to 4 are R/at Yadiyala, Nanjanagudu Taluk.
Now R/o C/o Syed Ahammed R/o Neralakere Village, Srirangapatna Taluk, Mandya District-571 405. ... Appellants (By Sri. Sanath Kumara.K.M, Advocate) AND 1. George.V.C S/o Chacko P.C, Major, R/at Cholamattathil House, Paroppady, Malaparamba Post, Calicut, Kozhikode, Kerala State-673 001.
2. The Divisional Manager The New India Assurance Co. Ltd.
J.L.B. Road, Chamundipuram, Mysuru District-570 005. ... Respondents (By Sri. K. Kishor Kumar Reddy, Advocate for R.2 Notice to R.1 is d/w v/o dated 15.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.03.2018 PASSED IN MVC NO.402/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT, SRIRANGAPATNA, 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 appellants - claimants and the learned Counsel for the Respondent – New India Assurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants – Claimants have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs.3,90,000/- (Rupees Three Lakhs 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.
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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted 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 Sd/- MEMBER RB