HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH 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 AND SMT. B.V. VIDYULATHA, MEMBER M.F.A. No. 4076/2016 (MV) (Lok Adalat No. 4244/2017) BETWEEN:
Sri. Ganga Naika S/o Somala Naika, Aged about 65 years, Agriculturist, R/o Machenahalli Village, Lakya Hobali, Chickmagaluru District-577 101. .. Appellant (By Sri. Vinod Gowda, Advocate) AND:
1. Sri. Mohammed Haneef S/o Sri. Abdul Rahim, Aged about 30 years, R/o Machenahalli Village, Lakya Hobali, Chickmagaluru District-577 101.
2. Sri. Syed Ibrahim S/o Sri. Syed Khalander, R/o Machenahalli Village, Lakya Hobali, Chickmagaluru District-577 101.
3. The Manager, The National Insurance Company Ltd., Yashoram Chambers, R.G. Road, Chikkamagaluru – 577 101. .. Respondents (By Sri. Shivaraj Patil, Advocate for R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.03.2016 PASSED IN M.V.C. NO.619/2013 ON THE FILE OF THE II ADDL. DISTRICT JUDGE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – National Insurance Company Ltd., along with its counsel 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 compensation of Rs. 1,05,000/- (Rupees One Lakh Five 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 appellant on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv