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 B. VEERAPPA AND SRI. M.N. UMASHANKAR, MEMBER M.F.A. No. 768/2011 (MV) (Lok Adalat No. 4362/2017) BETWEEN:
Smt. Zainab W/o Late Ismail, Aged about 40 years, Permanent resident of Thanchibettu House, Sajipa Post, Bantwal Taluk, Presently residing at Faizal Nagar, Padil, Mangalore. .. Appellant (By Sri. Guruprasad B.R. & Smt. Sandhya Rao P., Advocates) AND:
1. Romeo Saldhana, Adult, S/o Late Cyril Saldhana, R/at St. Anthony Motors, Near Valencia Church, Mangalore-575 001.
2. M/s. Oriental Insurance Co. Ltd., Krishna Prasad Building, II Floor, M.G. Road, Lalbagh, Mangalore-575 001. .. Respondents (By Sri. R. Gunashekar, Advocate for R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.09.2010 PASSED IN M.V.C. NO.816/2009 ON THE FILE OF THE I ADDL. DISTRICT JUDGE AND MEMBER, MACT-II, MANGALORE, D.K., 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 appellant and the representative of Respondent – Oriental Insurance Company Ltd., along with its counsel 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 compensation of Rs. 3,60,000/- (Rupees Three Lakhs Sixty 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 release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
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/Mkm