HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.9585/2017 (LOK ADALATH NO.2500/2019) BETWEEN:
THE UNITED INSURANCE CO. LTD., 5, BIG BAZAAR STREET DHARAPURAM, THIRUPUR – 638 656 DIVISIONAL OFFICE AT MANGALURU RAMBHAVAN COMPLEX KODIALBAIL, MANGALURU NOW REPRESENTED BY ITS MANAGER REGIONAL OFFICE, 5TH & 6TH FLOOR KRISHI BHAVAN NRUPATHUGNA ROAD BANGALORE – 560 001 ... APPELLANT (BY SMT:HARINI SHIVANANDA, ADV.) AND:
1. NOOR MOHAMMED S/O H.HUSSAIN, 52 YEARS, R/A 11-65, HIJAZ MANIZIL, DARGA ROAD, KARNAD MULKY BAPPANADU MANGALORE – 575 002 2. TAMILSELVI M W/O MUTHUSWAMY S MAJOR 187, KINATHAN THOTTAM THEERAN NAGAR P K ROAD, KANGAYAM TIRUPUR – 638 701 ERODE, TAMILNADU STATE ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.09.2017 PASSED IN MVC NO.1670/2015 ON THE FILE OF THE MACT, & 3RD ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU , D.K., AWARDING COMPENSATION OF RS.26,48,339/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant-Insurance Company has agreed to pay and respondents/claimants have agreed to receive a lump sum of Rs.25,75,000/- (Rupees Twenty five Lakhs Seventy Five Thousand Only) instead of Rs.26,48,339/- with interest 6% 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. A joint memo has been filed to that effect.
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. Amount in deposit be transferred to be Tribunal forthwith.
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