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.4383/2014 (MV) (LOK ADALATH NO.1033/2016) BETWEEN:
G AKBAR SHARIF AGED ABOUT 37 YEARS S/O K ABDUL RAZAK SAHEB R/O H G HOUSE GILIYARU VILLAGE KOTA POST UDUPI TALUK & DISTRICT ... APPELLANT (BY SRI.H PAVANA CHANDRA SHETTY, ADV.) AND:
1. RAMESH GARADIMANE AGED ABOUT 30 YEARS S/O GUTHAPPA GARADIMANE R/O MOODI POST, SORABA TALUK SHIMOGA DISTRICT – 577 201 2. M NARASIMHA SHENOY AGED ABOUT 53 YEARS S/O M ANANTHA SHENOY R/O GAJANANA ROAD LINES SUGANDI BUILDING AZIZUDDIN ROAD BUNDER, MANGALORE TALUK – 575 001 3. THE NATIONAL INSURANCE CO. LTD., 1ST FLOOR, EMJAY S COMPLEX BALMATTA MANGALORE - 575 001 ... RESPONDENTS (BY SRI.B A RAMAKRISHNA, ADV. FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.05.2014 PASSED IN MVC NO.1068/2011 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, UDUPI, SITTING AT KUNDAPURA, 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 10.02.2016, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs./- (Rupees 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.
Entire enhanced award amount shall be released.
Sd/- JUDGE akd Sd/- MEMBER