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.11506/2012 (MV) (LOK ADALATH NO.5364/2017) BETWEEN:
MANJUNATH B A D BHARAMAPPA AGED ABOUT 40 YEARS R/O 3RD CROSS, ‘C’ BLOCK VIDYANAGARA, HARIHAR AND ALSO HAVING A RESIDENCE AT DAVANGERE – 577 001 ... APPELLANT (BY SRI. A HANUMANTHAPPA, ADV.) AND:
1. NAGARAJA S/O SHANKARANNA AGED ABOUT 46 YEARS R/O UMBLEBAILU GRAMA SHIMOGA TQ & DISTRICT – 577 201 (DRIVER OF BUS ANNAPOORNESHWARI MOTOR BEARING REG. NO.KA-18-A-5209) 2. K K BALAMKRISHNA S/O S G K BHAT R/O KALASA, MODIGERE TQ., CHIKKAMAGALUR DISTRICT – 577 101 (OWNER OF BUS ANNAPOORNESHWARI MOTOR BEARING REG NO.KA-18-A-5209) 3. THE MANAGER NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, CHIKKAMAGALUR REPRESENTED THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE NATIONAL INSURANCE CO. LTD., MELAGIRI PLAXA, MCC B BLOCK DENTAL COLLAGE ROAD DAVANAGERE – 577 001 4. CHIDANANDA H S/O A D HANUMANTHAPPA R/O MANJUNATHASWAMY KRUPA 1ST MAIN, IST CROSS, LENING NAGAR DAVANGERE – 577 001 (OWNER CUM DRIVER OF CAR BEARING REG. NO.KA-17-M-9873) 5. THE DIVISIONAL MANAGER DIVISIONAL OFFICE NATIONAL CO. LTD, MELAGIRI PLAZA MCC B BLOCK, DENTAL COLLAGE ROAD DAVANGERE – 577 001 ... RESPONDENTS (BY SRI.A K BHAT, ADV. FOR R3 & R5) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:3.9.2012 PASSED IN MVC NO.1087/2011 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT-5, DAVANGERE, 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 14.11.2017, 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 negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.20,000/- (Rupees Twenty 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 akd