Sri M D Nissar Ahmed vs Cholamandalam General Ins. Co. ...
2022 Latest Caselaw 12291 Kant

                               1



  HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
                 BEFORE THE LOK ADALATH
      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
         DATED THIS THE 20TH DAY OF JANUARY, 2016
                  CONCILIATORS PRESENT:
            HON'BLE MRS JUSTICE RATHNAKALA
                             AND
               SRI. A.M. VENKATESH, MEMBER
             Miscellaneous First Appeal No.8496/2012
                    (Lok Adalat No.607/2015)
BETWEEN

SRI M D NISSAR AHMED
S/O LATE ABDUL SAB
AGED ABOUT 41 YEARS
R/O HORAPETE-577501
CHITRADURGA.                                   .. APPELLANT

(By Sri. V B SIDDARAMAIAH, ADVOCATE )


AND

  1. CHOLAMANDALAM GENERAL INS. CO. LTD.
     DIVISIONAL OFFICE
     NO.9/1, ULSOOR ROAD,
     BANGALORE-01
     REP BY ITS DIVISIONAL MANAGER.

  2. SMT. R.RAHAMMAT UNNISSA
     W/O LATE ABDUL RAHEEM SAB
     MAJOR, AGE NOT KNOWN
     R/O OPP. BASAVESHWARA TALKIES,
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       NAYAKANAHATTI-577 536,
       CHALLAKERE TALUK
       CHITRADURGA DISTRICT                                 ... RESPONDENTS

(By Sri. B. PRADEEP, ADVOCATE FOR R1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.08.2012 PASSED IN MVC NO.571/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION) AND ADDITIONAL MACT-IV, CHITRADURGA, 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-Insurance Company 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

global compensation of Rs.65,000/- (Rupees sixty five 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 entire enhanced compensation shall be released in favour of appellant

on proper identification.

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

*VR