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.895/2015 (MV) (LOK ADALATH NO.2140/2017) BETWEEN:
KRISHNARAJ BHAT AGED ABOUT 31 YEARS, S/O ANANTHA KRISHNA KALLURAYA, R/AT DEVI KRIPA, MANTRADY POST AND VILLAGE, MANGALORE TALUK, D.K. ... APPELLANT (BY SRI. RANJAN KUMAR K, ADV.) AND:
1. GANESH POOJARY AGED ABOUT 35 YEARS, S/O SHIVAPPA POOJARY R/AT ANURADHA MANE, SAVYA VILLAGE, BELTHANGADY TALUK-574 214.
2. UNITED INDIA INSURANCE CO. LTD. MOTOR DEALER DIVISION, KRISHI BHAVAN, 6TH FLOOR , HUDSON CIRCLE, BANGALORE – 560 002, REPRESENTED BY ITS MANAGER.
3. BALAKRISHNA BHAT, AGED 44 YEARS, S/O SUBRAYA BHAT, R/AT HOUSE NO.172, SAVYA POST AND VILLAGE, BALTHANGADY TALUK – 574 214.
4. UNITED INDIA INSURANCE CO. LTD. P B NO.29, ANANTHASHAYANA ROAD, SRINIVASA COMPLEX, KARKALA-574 104, REPRESENTED BY ITS MANAGER.
(BY SRI. NOTICE TO R1, R3 & R4 D/W C. SHANKAR REDDY ADV., FOR R2) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.05.2014 PASSED IN MVC NO.628/2012 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT-III, 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 15/11/2016, 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.1,13,000/- (Rupees One Lakh Thirteen 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.
Entire enhanced award amount shall be released.
Sd/- JUDGE Sd/- MEMBER akv