HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H.R. RENUKA, MEMBER M.F.A. No. 9117/2012 (MV) (Lok Adalat No. 4670/2016) BETWEEN:
Sri. Shivananda @ Shivanandaswamy S/o Late Gurumallappa, Aged about 27 years, Residing at Padaguru Village, Terakanambi Hobli, Gundlupet Taluk, Chamarajanagar District-571 111. .. Appellant (By Sri. D.C. Srinivasa, Advocate) AND:
1. Sri. Abdul Mujaidh S/o Abdul Wazid, Aged about 35 years, Residing at No.1745, 7th Cross, Shanthinagar, Mysore-570 019, (Driver of the Lorry No.KA-01/B-2786).
2. Sri. Nayeem Pasha S/o Gulam Mohiuddin, Aged about 46 years, Residing at No.336, I Stage, II Cross, Kesare, Rajendranagar, Mysore – 570 001, (Owner of the Lorry No.KA-01/B-2786).
3. The United India Insurance Co. Ltd., No. 442/3-4, II Floor, Chamaraja Double Road, Mysore – 570 024, (Insurer of the Lorry No.KA-01/B-2786). .. Respondents (By Sri. Y.P. Venkatapathi, Advocate for R-3, Notice to R-1 – d/w v.c.o. dated 20.11.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.04.2012 PASSED IN M.V.C. NO.1343/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-III AND MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – United India Insurance Company Ltd., along with its counsel 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 compensation of Rs. 80,000/- (Rupees Eighty 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 disbursed in favour of the appellant, on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv