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. 8714 OF 2012(MV) (LOK ADALATH NO.2269 OF 2014) BETWEEN:
NANJUNDA S/O KULLAPPA GOWDA AGED ABOUT 33 YEARS R/O KALLI KOPPALU VILLAGE KASABA HOBLI, HOLENARASIPURA TALUK 573 211.
(BY SRI. VEDHU KUMAR Y.S., ADV ) AND:
1. SHEKAR S/O PAPE GOWDA AGED ABOUT 38 YEARS R/O SANKANAHALLY VILLAGE KASABA HOBLI, HOLENARASIPURA TALUK.
2. THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO LTD SRI MANJUNATHESHWARA COMPLEX BUS STAND ROAD, P B NO.112 …APPELLANT HASSAN – 573 211 (BY SRI. MANJULA N TEJASWI FOR R2, ADV) ) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGEMENT AND AWARD DATED: 18.11.2010 PASSED IN MVC NO.116/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, HOLENARASIPURA, 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 28/02/2014, 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.40,000/- (Rupees Forty 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