HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY & SMT.SAYEEDUNNISA, MEMBER MISCELLANEOUS FIRST APPEAL NO.3195/2016 (MV) (LOK ADALATH NO.2202/2017) BETWEEN:
Mr. Harish, S/o. Krishna Naik, Aged about 33 years, R/at D. No.1-42, Kallandaka, Kullal Village, Kabaka Post, Bantwal Taluk, D.K.District- 574219. ... Appellant (By Sri. G. Ravishankar Shastry, Advocate) AND:
1. Mr. Nirath.A.V. S/o. Veerappa Gowda, Aged about 25 years, R/at H.No. 1-138, Hamala House, Yenmuru, Sullia, Sullia Taluk, D.K. District -574232.
2. The New India Assurance Co., Ltd., Office at 3rd Floor, Essel Chambers, Karangalpady, Mangalore -575003.
3. Mr. Anand Poojary Alias Pakeera Poojary, S/o. Late Balu Poojary, Aged 58 years, R/at Pandelu House, Kula Village, Kabaka Post, Bantwal Taluk, D.K. District -574219.
4. United India Insurance Company Ltd., Office at Prabhu Building, Opp. Aruna Talkies, Main Road, Puttur, D.K. District -574201.
Represented by its Branch Manager ... Respondents (BY Sri. A.K. Bhat, Advocate for R2) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 11.12.2015 passed in MVC No.1005/2013 on the file of the Ist Additional District and Sessions, Judge, MACT –II, D.K. Mangalore, 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 25.04.2017, 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 and appellant - claimant has agreed to receive a global sum of Rs.2,50,000/- (Rupees Two 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. 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.
Sd/- JUDGE Sd/- MEMBER JS