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 M.F.A.No. 5299/2017 (MV) (Lok Adalat No. 2518/2018) BETWEEN 1. Puttaswamy, S/o. Late Dasappa, Aged about 47 years, 2. Smt. Shakunthala, W/o. Puttaswamy, Aged about 41 years, 3. P. Ashwini, D/o. Puttaswamy, Aged about 21 years.
All are residents of Induvalu village, Kothathi Hobli, Mandya Taluk-571401. ... Appellants (By Sri. Raja L, Advocate) AND 1. Syed Abdul Samad, S/o. Late Syed Ali, Aged Major, R/at: 395/1/1A, BCK Road, Daira, Channapatna Taluk, Ramanagara District-571511.
2. Niamath Ali Khan, S/o. Rahamath Ali Khan, Aged Major, R/at. No.623, Ganimiya Mohalla, Channapatna, Ramanagar District-571511.
3. Divisional Manager, New India Assurance Co. Ltd., JLB Road, Chamundipuram, Mysuru-570001. ... Respondents (By Sri. K Poornabhodha Rao, Advocate for R.3 Notice to R.1 and R.2 d/w v/o dated 07.03.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2017 PASSED IN MVC NO.1505/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, MACT, MANDYA, 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 claimants - appellants and the learned Counsel for the Respondent – New India Assurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants – Claimants have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty 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 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 Sd/- MEMBER RB