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. 8628/2017 (MV) (Lok Adalat No. 173/2019) BETWEEN Sri Abdul Sattar S/o Abdul Rehaman, Aged about 24 years, R/o Kodi, Kundapura Kasba Village, Kundapura Taluk, Udupi District-576 201. ... Appellant (By Sri. K. Prasanna Shetty, Advocate) AND 1. The Proprietor M/s. Prithvi Surveys, 1st Floor, Bhojaraja Building, Vidya Nagar, Kulai, Mangaluru-563 211.
2. New India Assurance Co., Ltd., Rep. by its Branch Manager, Kundapura Branch Office, 1st Floor, Pushpa Building, Main Road, Kundapura-576 201. ... Respondents (By Sri. M. Narayanappa, Advocate for R2 Notice to R.1 d/w, v/o dt: 05.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.02.2017 PASSED IN MVC NO.5/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL VEHICLE ACCIDENT CLAIMS TRIBUNAL, KUNDAPURA, 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 – New India Assurance 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.42,000/- (Rupees Forty Two 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 RB