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:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.8176/2016 (Lok Adalat No.5468/2017) BETWEEN VENKATAMMA W/O LAXMINARAYANA, NOW AGED 57 YEARS, CLEANER IN RAVI POLY CLINIC, R/O 4TH CROSS HOSMANE, SHIMOGGA PIN-577201.
... APPELLANT (By SRI. VISHWANATHA POOJARY.K., ADV.) AND 1. SYAD UMMAR PARUK, 25 YEARS S/O SYAD RASHID, DRIVER OF THE HEROHONDA MOTOR BIKE, R/O 7TH, CROSS LEFT SIDE TIPPUNAGAR, SHIVAMOGGA CITY, SHIVAMOGGA DISTRICT PIN-577 201.
2. SYAD MEER KASIM, 30 YEARS S/O SYAD RASHID, OWNER OF THE HEROHONDA MOTOR BIKE, R/O 7TH, CROSS LEFT SIDE TIPPUNAGAR, SHIVAMOGGA CITY, SHIVAMOGGA DISTRICT PIN-577 201.
3. THE MANAGER THE NEW INDIA INSURANCE CO, LTD., B.H. ROAD SHIVAMOGGA, SHIVAMOGGA DISTRICT PIN-577 201.
... RESPONDENTS (By SRI. C.SHANKAR REDDY, ADV. FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.04.2016 PASSED IN MVC NO.624/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-VI, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - claimant has agreed to receive and the Respondent- Insurance Company has agreed to pay a lump- sum of Rs.40,000/- (Rupees forty 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 and the same shall be released in favour of the appellant.
4. 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 Mgn/-