HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE H.T. NARENDRA PRASAD & SRI VENKATESH P.DALAWAI, MEMBER M.F.A.No.4115/2018 (MV) (Lok Adalat No.2672/2018) BETWEEN SHIVAMMA W/O.LATE BASAVARAJU P.G. AGED ABOUT 49 YEARS R/AT PAPANAGHATTA VILLAGE BAGURU HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 116 PRESENTLY R/AT C/O.KARIGOWDA 5TH CROSS ROAD KUVEMPU NAGARA HASSAN-573 201 ... APPELLANT (BY SRI CHETHAN B., ADVOCATE) AND 1. SUNDARESH S/O.NINGEGOWDA MAJOR R/AT #101 JABAGATTA VILLAGE HUNASEGATTA POST TIPTUR TALUK TUMKUR DISTRICT-571 236 2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., TUMKUR-571 218 REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LTD., 1ST FLOOR, MANJUNATHA COMPLEX OLD BUS STAND ROAD HASSAN-573 201 ... RESPONDENTS (BY SRI B.A.RAMAKRISHNA, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH ) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.11.2017 PASSED IN MVC NO.1926/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the second respondent – National Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.85,000/- (Rupees Eighty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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.
4. The entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE KLV Sd/- MEMBER