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 H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.6026/2016 (MV) (Lok Adalat No.2297/2019) BETWEEN SRI MUNAWAR PASHA S/O SRI BASHA SAB AGED ABOUT 42 YEARS R/AT NO.1102 CAUVERY NAGAR, BSK 2ND STAGE BENGALURU – 560 070 ... APPELLANT (BY SRI NAIK N.R., ADVOCATE) AND 1. SRI RAMESHA KELAGALAKOPPALU VILLAGE MANDYA – 571 402 2. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE NO.144, SUBHARAM COMPLEX 2ND FLOOR, M.G.ROAD BENGALURU – 560 001 ... RESPONDENTS (BY SRI S.V.HEGDE MULKHAND, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.03.2016 PASSED IN MVC NO.7267/2012 ON THE FILE OF SMALL CAUSES AND MACT, BENGALURU (SCCH-16) 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 Appellant – claimant and the learned Counsel appearing for the second respondent – National Insurance 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 has agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.65,000/- (Rupees Sixty Five 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 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 KLV Sd/- MEMBER