HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.M.JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.2102/2015 (MV) (LOK ADALATH NO.718/2017) BETWEEN:
H. SHEENA @ SRINIVAS AGED ABOUT 38 YEARS S/O KRISHNA R/O NADUBETTU HEMMADI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT ... APPELLANT (BY SRI.PAVANA CHANDRA SHETTY H, ADV.) AND:
1. RAJU DEVADIGA AGED ABOUT 41 YEARS S/O MUTTA DEVADIGA R/O JAJIHITHLU, MATADABETTU VODERAHOBLI VILLAGE KUNDAPURA TALUK 2. UNITED INDIA INSURANCE CO. LTD KANCHAN TOWERS, N.H.17 VODERAHOBLI, KUNDAPURA REPRESENTED BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI. U.ABDUL KHADER, ADV., FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 13.01.2015 PASSED IN MVC NO.805/2012 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, 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 18.01.2017, 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.1,00,000/- (Rupees One Lakh 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 Sd/- MEMBER akv