HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.7181/2015(MV) (LOK ADALATH NO.1795/2017) BETWEEN:
MR.SYED SHABEER S/O LATE MUNEER PASHA, AGE 35 YEARS, OCC : CENTERING WORK, R/AT NO.18/509, 3RD MAIN ROAD, 3RD CROSS, KOGILU LAYOUT, YALAHANKA BENGALURU – 560 064 ... APPELLANT (BY SRI.SURESH M LATUR, ADV.) AND:
1. MR. AYUB KHAN S/O MR.UMER KHAN, R/O NO.57, 2ND CROSS, MAGADI ROAD, BENGALURU – 560 023 2. THE MANAGER BHARTI AXA GENERAL INSURANCE CO. LTD., 3RD FLOOR, BELLARI ROAD, HEBBALA , PRIDE QUADRA NO.30, BENGALURU – 560 024 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R2, NOTICE TO R-1 – D/W V.C.O. DATED 03.03.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.04.2015 PASSED IN MVC NO.6022/2013 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, 26TH ACMM, (SCCH-09) & MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 03.03.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – Bharti AXA General Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.20,000/- (Rupees Twenty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The entire enhanced award amount shall be released in favour of the appellant, on proper identification.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv