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:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.10129/2012 (MV) (LOK ADALATH NO.5337/2017) BETWEEN:
DUGGAPPA POOJARY AGED ABOUT 50 YEARS, S/O OBAYYA POOJARY, R/AT PATLAMARU HOUSE, MANTRADI POST AND VILLAGE, MANGALORE TALUK – 575 001 ... APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H, ADV.) AND:
1. NIRANJANA MOGASALE AGED ABOUT 43 YEARS, S/O DR.NARAYANA MOGASALE, R/O.KAVITHA, KANTHAVARA VILLAGE, KARKALA TALUK- 574 104 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., MOODABIDRI BRANCH, NITHYANANDA COMPLEX, MOODABIDRI, MANGALORE TALUK - 575 001 ... RESPONDENTS (BY R JAIPRAKASH, ADV, FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:3.8.2012 PASSED IN MVC NO.538/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 13.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – National Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,00,000/- (Rupees Two Lakhs Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
The apportionment, deposit and release of the enhanced award amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv