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.840/2017(MV) (LOK ADALATH NO.3980/2017) BETWEEN:
SMT.GAYATHRI DEVI W/O. LOKESH BABU, AGED ABOUT 48 YEARS, RESIDING AT HABBATHANAHALLI VILLAGE, MALLASANDRA POST, KASABA HOBLI, TUMKUR TALUK AND DISTRICT ... APPELLANT (BY SRI.GOPAL KRISHNA N, ADV.) AND:
1. SRI. SUDHAKARA S. S. S/O. SHIVALINGAIAH, AGED ABOUT 35 YEARS, RESIDING AT GOLLARAHATTI, SASALU POST, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT, PIN - 572 214.
2. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, KASTURI MANSION, ABOVE CORPORATION BANK, BEHIND KRISHNA TALKIES, M.G. ROAD, TUMKUR - 572 102, REP: BY ITS MANAGER. ... RESPONDENTS (BY SRI. M ARUN PONNAPPA, ADV. FOR R2, NOTICE TO R-1 – D/W V.C.O. DATED 20.09.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.06.2016 PASSED IN MVC NO.1008/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, 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 20.09.2017, 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 negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand 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 Akd/Rbv Sd/- MEMBER