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 RAGHVENDRA S. CHAUHAN AND SMT. H. R. RENUKA, MEMBER M. F. A. No. 5010/2017 (MV) LOK ADALAT NO. 5805/2017 Between:
SHEKAR S/O LATE GALISIDDAIAH AGED ABOUT 40 YEARS R/A SOSALE VILALGE & HOBLI T NARASIPURA TALUK MYSORE DISTRICT - 571101 (BY SRI. SANATH KUMARA K M, ADV.) AND 1. NAZIR AHMED S/O ISMAIL SAHEB AGED ABOUT 43 YEARS R/A DODDABAGILU VILLAGE SOSALE HOBLI, T NARASIPURA TALUK MYSORE DISTRICT - 5714101 2. MUKTHAR PASHA S/O ISMAIL SAHEB ... APPELLANT MAJOR, R/A DODDABAGILU VILLAGE SOSALE HOBLI, T NARASIPURA TALUK MYSORE DISTRICT - 5714101 3. DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. OFFICE NO.305, AACHAM MANSION SOUTHERN EXTENSION KOLLEGALA TOWN CHAMARJANAGARA DISTRICT - 571303 (BY SRI. MOHAN KUMAR T., ADV. FOR R3) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2017 PASSED IN MVC NO.41/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT TIRUMAKUDALU NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the 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, as 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 learned Tribunal within a period of six weeks from the date of preparation of the award, failing which, the said amount shall carry an interest @ 9% per annum from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant, on proper identification.
5. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
Draw the award accordingly.
Mr. T. Mohan Kumar, learned counsel, is granted two weeks time to file his vakalath.
Sd/- Judge Sd/- Member RD/MD