HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 2117/2016 (MV) (Lok Adalat No. 2555/2017) BETWEEN 1. Syed Samiulla S/o Syed Lal Ahamed Sab, Aged about 57 years, Business.
2. Dil Shad W/o Syed Samiulla, Aged about 49 years.
Both are R/o Thalak Village, Challakere Taluk, Chitradurga Dist.-577 501. ... APPELLANTS (By Sri. Spoorthy Hegde N., Advocate) AND 1. National Insurance Co. Ltd., By Branch Manager, Jagalur Mahalingappa Towers, First Floor, Above HDFC Bank, Davanagere Road, Chitradurga Town – 577 501.
2. Girish S.R. S/o Rudrappa, Aged about 48 years, Owner of Bus Bearing Reg. No.KA-16/B-7693, R/o Dhavalagiri Badavane, Malappana Hatti Road, Chitradurga Town – 577 501. ... RESPONDENTS (By Sri. L. Sreekanta Rao, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 26.09.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2015 PASSED IN MVC NO. 32/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, CHALLAKERE, 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 claimant-appellants and the learned Counsel for the respondent – National Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellants - Claimant have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 4,75,000/- (Rupees Four Lakhs Seventy Five 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 disbursement of the enhanced compensation amount shall be made in accordance with the Judgment and Award passed by the 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 Rbv Sd/- MEMBER