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.3260/2017 (MV) (LOK ADALATH NO.5278/2017) BETWEEN:
1. ROOPA W/O. LATE L.N. NAGARAJA, AGED ABOUT 36 YEARS 2. L. N. PUNEETH KUMAR S/O. LATE L.N. NAGARAJA, AGED ABOUT 18 YEARS 3. L. N. DEEPAK S/O. LATE L.N.NAGARAJA, AGED ABOUT 16 YEARS BEING MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER IS 1ST APPELLANT HEREIN ROOPA, 4. SAVITHRAMMA W/O. LATE NINGEGOWDA, AGED ABOUT 67 YEARS, ALL APPELLANTS ARE R/AT LALANAKERE VILLAGE, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 201. PRESENTLY R/AT:
VIDYANAGARA, HASSAN - 573 201. ... APPELLANTS (BY SRI.GIRISH B BALADARE, ADV.) AND:
1. THE MANAGER NATIONAL INSURANCE CO. LTD., OLD BUS STAND ROAD, HASSAN - 573 201.
2. MALLIKARJUNA BASAPPA BETAGERI S/O. SAVALABAVI ONI, R/AT: SOWDHATTI, SOWDHATTI TALUK, BELAGAVI DISTRICT - 590 001. ... RESPONDENTS (BY SRI.L SREEKANTA RAO, ADV. FOR R1, NOTICE TO R-2 – D/W V.C.O. DATED 10.11.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.02.2016 PASSED IN MVC NO.715/2015 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT & SESSIONS JUDGE, MACT, HASSAN, 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 10.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent – National Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.6,55,000/- (Rupees Six Lakhs Fifty Five 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.
The apportionment, deposit and release of the enhanced award amount shall be mate in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/Rbv