HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.6487/2014(MV) (LOK ADALATH NO.3090/2017) BETWEEN:
MALA. B. BETAGERI D/O BASAVARAJ BETAGERI, HINDU, AGED 20 YEARS, R/A NO.438, 9TH CROSS, HEBBAL II STAGE, MYSORE-16. NOW R/A HAROGERI AT POST, DAMBALA HOBLI, MUNDARGI TALUK, GADAG DISTRICT, KARNATAKA STATE (BY SRI T C SATHISHKUMAR, ADVOCATE) AND 1. CHANDRASHEKAR S/O BABU GOWDA, HINDU, MAJOR, NO.1-57, BASAVANAMULE MANE, KULKUNDRA, SUBRAMANYA GRAMA, SULLIA TALUK, DK DISTRICT, KARNATAKA-574239.
... APPELLANT 2. THE BRANCH MANAGER FUTURE GENERAL INDIA INSURANCE CO LTD.
UNIT NO.201 & 202, II FLOOR, INLAND AVENUE, M G ROAD, BALLALBAGH, MANGALORE-575003.
(BY SRI B PRADEEP, ADVOCATE FOR R2) … ... RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:9.5.2014 PASSED IN MVC NO.794/2012 ON THE FILE OF THE 6TH ADDITIONAL DISTRICT JUDGE & ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lumpsum of Rs.2,00,000/- (Rupees Two Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
3. The respondent – 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. Sri N. Madhusudhan, learned Counsel for the appellant submits that the appellant has become major and the marriage has also been fixed. Therefore, the entire amount enhanced compensation shall be released in favour of the appellant which shall be used for marriage prospects.
5. Accordingly, the entire enhanced compensation shall be released in favour of the appellant.
6. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office is directed to sent back the LCR forthwith and to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-