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. 9037/2011 (MV) (Lok Adalat No. 4268/2017) BETWEEN:
United India Insurance Co. Ltd., Divisional Office No.V, Through its Regional Office, 5th & 6th Floors, Krishi Bhavan, Hudson Circle, Bangalore-560 001. .. Appellant (By Sri. Janardhan Reddy, Advocates) AND:
1. Sri. Navaz Pasha, Aged about 33 years, S/o Sri. Late Noor Mohammed.
2. Sri. Ayaz Pasha, Aged about 31 years, S/o Sri. Late Noor Mohammed.
3. Sri. Sadiq Pasha S/o Sri. Noor Mohammed, Aged about 29 years.
All are residing at No.111/2, 1st Cross, 3rd Main Road, Near Sujatha Theatre, Ramachandrapuram, Bangalore – 560 021.
4. M/s. KSP Enterprises, R/at No.30/2, 3rd & 4th Cross, 1st Main, Robertson Block, R.C. Puram, Bangalore-560 021. .. Respondents (By Sri. Shripad V. Shastri & Sri. K.V. Naik, Advocates for R-1 to R-3, Sri. Nataraju B. Halemane, Advocate for R-4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.02.2011 PASSED IN M.V.C. NO.4202/2010 ON THE FILE OF THE XXIII ADDL. SMALL CAUSES JUDGE AND XXI ACMM AND MACT, BENGALURU, AWARDING COMPENSATION OF RS.2,70,240/- (80% OF RS.3,37,800/-) ALONG WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The appeal has been filed by the Insurance Company. The learned Counsel for the appellant – United India Insurance Company Ltd., and its representative and the learned Counsel for the respondent Nos.1 to 3 are present.
2. After prolonged negotiations, the matter is settled. Both the parties have agreed to reduce the compensation from Rs.2,70,240/- (80% of Rs.3,37,800/-) awarded by the Tribunal to Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) with interest @ 6% p.a. from the date of petition till the date of deposit. The Appellant-Insurance Company has agreed to pay and the Respondents No.1 to 3 - claimants have agreed to receive the said sum of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) with interest @ 6% p.a. from the date of petition till the date of deposit, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Appellant -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 modified compensation amount shall be disbursed in favour of the respondent Nos.1 to 3 – claimants equally, on proper identification. The statutory amount if any, deposited before this Court is ordered to be transferred to the jurisdictional Tribunal forthwith.
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