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 B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.6276/2014 (MV) (Lok Adalat No.2752/2019) BETWEEN 1. Zainaba Roznia Aboobakkar, aged about 22 years, W/o Late Mohammed Imthiyaz Inayath, 2. Mrs Rafia, W/o Mohamed Inayathullah Shah, Aged about 58 years, 3. Mohammed Inayathulla Shah, S/o Ali Hassan Sahib, Aged about 69 years, Now residing at:
Door No.2-64/59, J.R.W.A. No.134, Jayanagar, IIA Main, II Cross, Maroli, Post Kulshekar, Mangalore – 575 016. ... Appellants (By Sri. Yashodar Shetty & Smt. Haleema Ameen, Advocates) AND 1. Mrs Hazra Abubakker, Aged about 40 years, W/o Abubakker Parekar, Flat No.FF3, 5th Floor, Le-Meridian Apartments, Next to KMC Men’s Hostel, Kaprigudda, Mangalore – 575 001.
2. ICICI Lombard General Insurance Company Ltd., Zenith House, Keshrao Khade Marg, Mahalaxmi, Mumbai – 400 011.
3. Mrs. J.Rama, Aged about 32 years, W/o M.S.Arunkumar, R/at. No.1, 1st Main, 7th Cross, Sampangiramanagar, Bangalore – 560 027.
4. Royal Sundaram Alliance Insurance Co. Ltd., Sri Balaji Sovereign, 130, Brigade Road, Bangalore – 560 001. …Respondents (By Sri. B.Pradeep, Advocate for R.2;
v/o. dated 14.10.2015, Notice to R.1, 3 & 4 is d/w.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.04.2014 PASSED IN MVC NO.1832/2010 ON THE FILE OF THE IV ADDL. DISTRICT & SESSIONS JUDGE & MEMBER, MACT, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants and the learned Counsel appearing for the second Respondent - ICICI Lombard General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint Memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent - Insurance Company and its authorized officer is filed. The Appellants - Claimants have agreed to receive and the second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.10,00,000/- (Rupees Ten Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 enhanced compensation amount to the appellant Nos.1, 2 & 3 are entitled in the ratio of 60:20:20 respectively. Out of the share amount of each appellants, 50% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellants for a period of three years with liberty to withdraw the accrued interest periodically and remaining 50% shall be released in their favour, on proper identification.
5. 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 LL