HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.7028/2016 (Lok Adalath No.5173/2017) BETWEEN:
POOVAPPA GOWDA NOW AGED 56 YEARS S/O DARMANNA GOWDA R/O URUMUTHIMAR HOUSE KANIYOOR POST AND VILLAGE BELTHANGADY TALUK DAKSHINA KANNADA DIST PICODE – 574 214.
... APPELLANT (BY SRI. VISHWANATHA POOJARY K., ADVOCATE) AND:
1. KUSHALAPPA NOW AGED 36 YEARS S/O CHENNANNA GOWDA R/O KULYAROTTU HOUSE SHIRLAL POST AND VILLAGE BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT - PINCODE 574 201.
2. THE MANAGER NATIONAL INSURANCE CO. LTD., SHRI KSHETRA DHARMASTHALA BUILDING, 1ST FLOOR, MAIN ROAD, PUTTU, PUTTUR TALUK DAKSHINA KANNADA DISTRICT PINCODE – 574 201.
... RESPONDENTS (BY SRI. L. SREEKANTA RAO., ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.07.2016 PASSED IN MVC NO.1120/2015 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 09.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER Learned counsel appearing for appellant and representative of Respondent/Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. Appellant-claimant has agreed to receive and Respondent-Insurance Company has agreed to pay a global compensation of `1,25,000/- (Rupees One Lakh Twenty Five Thousand 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. Entire award amount shall be released in favour of appellant on proper identification.
4. 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.
5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
SD/- JUDGE SD/- MEMBER DR