Karnataka High Court
Abdul Razak vs Badruddin on 9 September, 2017
-1-
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER 2017
CONCILIATORS PRESENT:
THE HON'BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN
AND
SMT. H. R. RENUKA, MEMBER
M. F. A. No.10014/2013 (MV)
LOK ADALAT NO.3758/2017
BETWEEN:
ABDUL RAZAK
S/O LATE P. BHAVA
AGED ABOUT 27 YEARS
NEAR PRIMARY SCHOOL
KANCHINADKA
NADSAL VILLAGE, PADUBIDRI
UDUPI TALUK 574111
... APPELLANT
(BY SRI KRISHNAMOORTHY D, ADVOCATE)
AND:
1. BADRUDDIN
AGED ABOUT 40 YEARS
S/O ABDUL KHADER
-2-
R/A KALLARE HOUSE, HPCL COLONY
JOKATTE, MANGALORE 574173
2. THE NEW INDIA INSURANCE COMPANY LTD.
DIVISIONAL OFFICE AT GHS ROAD
HAMPANAKATTE, MANGALORE 575001
REP. BY ITS MANAGER
3. THE ORIENTAL INSURANCE COMPANY LTD.
BRANCH OFFICE AT BEAUTY PLAZA BUILDING
BALMATTA ROAD, MANGALORE 575002
REP. BY ITS MANAGER
... RESPONDENTS
(BY SRI K.N. SRINIVASA, ADVOCATE FOR R3, SRI S.T. RAJASHEKARA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:9.10.2013 PASSED IN MVC NO.309/2007 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
CONCILIATION ORDER The learned Counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter -3- amicably; the claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a global compensation of Rs.40,000/- (Rupees Forty Thousand only), in addition to what has been awarded by the Tribunal, as 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 learned Tribunal within a period of six weeks from the date of preparation of award, failing which, the said amount shall carry interest at 9% per annum from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant, on proper identification.
-4-
5. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
Draw the award accordingly.
SD/-
JUDGE SD/-
MEMBER bk/-