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 BETWEEN M.F.A.No. 8735/2018 (MV) (Lok Adalat No. 193/2019) Sri. Mohammed Ashraf @ Ashraf, Aged 37 years, S/o late Ummarabba, R/at Janatha Colony, Kana, Idya Surathkal, Mangaluru Taluk, D.K.-575 014. ... Appellant (By Sri. Pundikai Ishwara Bhat, Advocate) AND 1. Sri. Krishnananda Chatra, Aged 60 years, S/o late Govinda Chatra, R/at Durgamba Motors, Hangluru, Kundapura, Udupi District-576201.
2. The New India Assurance Co. Ltd., Pushpa Building Main Road, Kundapura-576 201, Represented by its Manager.
3. Sri. Rafiq, Aged 37 years, S/o late M.Unhi Beary, R/o Pakshikere, Kemral, Mangalore Taluk, D.K-574 146.
4. The United India Insurance Co., Ltd., Branch: Rama Bhavan Complex, Kodialbail, Mangalore-575 003, Represented by its Manger. .. Respondents (By Sri. B C Seetharama Rao, Advocate for R.2 Notice to R.1, 3 and 4 d/w v/o dt:01.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2016 PASSED IN MVC NO.988/2013 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT-4, D.K. MANGALORE, 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 Respondent No.2 – 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 Respondent No.2 – Insurance Company has agreed to pay a global compensation of Rs.1,15,000/- (Rupees One Lakh Fifteen 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. Respondent No.2 – 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