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Smt Kusumavathi W/O Ashoka And Others vs Barten Baptist Sequira Adult And Others

High Court Of Karnataka|24 October, 2017
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JUDGMENT / ORDER

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.1286/2015 (MV) (LOK ADALATH NO.669/2017) BETWEEN:
1. SMT.KUSUMAVATHI W/O ASHOKA AGED ABOUT 31 YEARS 2. BHAVISH (MINOR) 2 YEARS S/O ASHOKA REPRESENTED BY HIS MOTHER NATURAL GUARDIAN MOTHER SMT KUSUMAVATHI RESIDING AT 3. SMT GULABI POOJARTHI W/O VASU POOJARY AGED ABOUT 63 YEARS ALL ARE RESIDING AT PATTE PADUMANE KUDRIPADAVU POST MANGALORE TALUK - 574 144 ... APPELLANTS (BY SRI. RANJAN KUMAR K, ADV.) AND:
1. BARTEN BAPTIST SEQUIRA ADULT S/O LATE BONA SEQUIRA R/AT 6-55, JBS DAMASKATTE AIKALA POST THALIPADY VILLAGE MANGALORE TALUK – 574 141 2. UNITED INDIA INSURANCE CO LTD SHREE VITAA, NH 17, MAIN ROAD SURATHKAL, MANGALORE TALUK – 575 014 REPRESENTED BY ITS MANAGER 3. BHARATHI R SHETTY W/O LATE RAMA SHETTY KRISHNA RICE MILLS MANAMPLADY VILLAGE MULKY, MANGALORE SOUTH CANARA DISTRICT KARNATAKA - 575 154 ... RESPONDENTS (BY SRI. B C SEETHARAMA RAO ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.9.2014 PASSED IN MVC NO.11/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT-2, 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 19/01/2017, 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 claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,72,000/- (Rupees Two Lakhs Seventy Two 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 akv
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Title

Smt Kusumavathi W/O Ashoka And Others vs Barten Baptist Sequira Adult And Others

Court

High Court Of Karnataka

JudgmentDate
24 October, 2017
Judges
  • M Jyothi
  • L Narayana Swamy