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 MR.JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.6219/2016 (MV) (Lok Adalat No.1045/2019) BETWEEN:
Sri Nirmala Malik, S/o Chaitan Malik, Aged about 27 years, R/at No.233/24, Machohalli Gate, Magadi Main Road, Bengaluru-562 130.
His native place: Sudarshanpur Village, PO-Suanviyeram, PS-Basudevpur, Bhadrak District, Odisha State-756 162.
(By Sri K.V. Shyamaprasada, Advocate) ... Appellant AND:
1. Sri Sampath Kumar.D, S/o Dasappa, Since dead by his LR:
Smt. Suguna, W/o late Sampath Kumar.D, Aged about 42 years, No.1195, Lakshmi Venkateshwara Nilaya, 3rd Main, 3rd Cross, Ramamandira Road, Kaveripura, Kamakshipalya, Bengaluru-560 079.
2. The New India Assurance Co. Ltd., 2nd Floor, Mahalakshmi Chambers, No.9/2, M.G. Road, Bengaluru-560001.
(By Sri. P.B. Raju, Advocate for R2) ... Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2015 PASSED IN MVC NO.4878/2014 ON THE FILE OF THE XVI ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, 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 - 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 has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation 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 Sd/- MEMBER HB/-