HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.9885/2013 (MV) (Lok Adalat No.890/2019) BETWEEN:
1. Sri.H.R.Manikanta, S/o Late Ramanaika, Aged 24 years, 2. Sri.H.R.Rangaswamy, S/o Late Ramanaika, Aged 20 years, 3. Smt.Madamma @ Karagamma, W/o Bellanaika, Aged about 67 years The appellants 1 to 3 Are residents of Hadatale Village, Nanjanagudu Taluk, Mysore District – 571 428.
(By Sri Pramod.R, Advocate) AND:
1. Sri A.C.Mohamad Hussain, S/o Nabeesadevi, Aged 40 years, Kuppalli House, Kichmadu, Irumattala Post, Aluva-5, Kerala State – 670 121.
2. Regional Manager, New India Assurance Company Limited, D.O.2 Chamundipuram, Mysore – 571 405. Policy Issued Branch: Regional Office, Aluva, Kuduvatti Shopping Complex, Sub Jail Road, Aluva-670 121.
(By Sri.P.B.Raju, Advocate for R2) ... Appellants ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2011 PASSED IN MVC NO.119/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent - New India Assurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant have agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.5,50,000/- (Rupees Five Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 judgment and award passed 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 HB/-
SD/- MEMBER