HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY & SMT.SAYEEDUNNISA, MEMBER MISCELLANEOUS FIRST APPEAL NO. 545/2017 (MV) (LOK ADALATH NO.3968/2017) BETWEEN:
Puttamma W/o Pallakappa Y.R, Aged about 67 years, Agriculturist & House Wife, R/o Yaradakatte Village, Metikurke Post, Hiriyur Taluk, Now R/o Sri Krishna Nilaya, Near Venkataramana Temple, Bank Colony, Chitradurga Town – 577001. ... Appellant (By Sri. Spoorthy Hegde Nagaraja, Advocate) AND:
1. The New India Assurance co. Ltd., Rep by its Divisional Manager, Divisonal Office, A.M. Arcade, C.G. Hospital, P.J. Extension, Davanagere – 577002.
2. Krishnamurthy, S/o Pallakappa Y.R., Major, Owner of Hyundai Car Bearing Reg. No. KA16/N-152, R/o. Yaradakatter Village, Metikurke Post, Hiriyur Taluk - 57212 ... Respondents (By Sri. A.K. Bhat, Advocate for R1.) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 23.09.2016 passed in MVC No. 797/2015 on the file of the II Additional Senior Civil Judge & Additional MACT-V, Chitradurga, 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 20.09.2017, 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.90,000/- (Rupees Ninety 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 JS