HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL & SRI. VIJAYAKUMAR MAJAGE, MEMBER BETWEEN Sri Gowdappa, S/o Chennabasappa, Aged about 61 years, R/of Thagadur Village, Biligere Hobli, M.F.A.No. 4934/2017 (MV) (Lok Adalat No.2376/2018) Nanjangud Taluk-571 129. ... Appellant (By Sri. H.V. Bhanuprakash, Advocate) AND 1. Mustaq Ali, S/o Syed Ali, Aged about 46 years, R/of Roshan block, Arabimardas, Kirugavalu, Malavalli Taluk, Mandya District, Driver cum Owner of Ashoka Leyland Truck, Bearing Reg.No.KA-05-C-6877.
2. United India Insurance Company Limited, No.305, Atcham Manson, Southern Extension, Kollegala, Policy No.07200231139108685891. From:30.03.2014 to:29.03.2015.
(By Smt. Harini Shivananda, Advocate for R2; Notice to R1 is d/w. v/o dated 30.11.2018) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2017 PASSED IN MVC NO. 107/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT AT NANJANGUD, 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 – United India Insurance Co. Ltd., 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.85,000/- (Rupees Eighty 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 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 ag