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.6013/2015 (MV) (LOK ADALATH NO.2010/2017) BETWEEN:
KUMARA S/O LATE ANNEGOWDA AGED ABOUT 39 YEARS R/AT HONNENAHALLI VILLAGE, AKKIHEBBAL HOBLI, K.R.PET TALUK, MANDYA DISTRICT – 571 426 ... APPELLANT (BY SRI.P NATARAJU, ADV.) AND:
1. CHANDRA SHETTY S/O DYAVASHETTY AGED ABOUT 43 YEARS R/AT HONNENAHALLI VILLAGE, AKKEIHEBBAL HOBLI, K.R.PET TALUK, MANDYA DISTRICT – 571 426 2. SMT.SAKAMMA AGED ABOUT 38 YEARS W/O CHANDRASHETTY R/AT HONNENAHALLI VILLAGE, AKKEIHEBBAL HOBLI, K.R.PET TALUK, MANDYA DISTRICT – 571 426 3. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE, MANNA BUILDING, MAIN ROAD, VIRAJPET, KODAGU DISTRICT – 571 218 ... RESPONDENTS (BY SMT.MANJULA N. TEJASWI, ADV. FOR R3 R1 IS SERVED, BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.11.2014 PASSED IN MVC NO.879/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, K.R.PET, 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 24.03.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent-National Insurance Company Limited along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,08,000/- (Rupees One Lakh Eight 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 compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/mkm