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.6567/2015 (MV) (LOK ADALATH NO.3402/2017) BETWEEN:
SMT. SIDDIBAPA KUHURSHEDA @ KHURSHEDA W/O LATE SIDDIBAPPA MOHAMMED JAFAR AGED ABOUT 56 YEARS PERMANENTLY R/AT DOOR NO.1175/1 SUSAGADI VILLAGE, MUGDAM COLONY BHATKAL, U.K.
NOW RESIDING AT REGAL ARCH, BENDOORWELL MANGALORE D.K. DISTRICT – 575 005 ... APPELLANT (BY SRI.RAVISHANKAR SHASTRY G, ADV.) AND:
1. MANJUNATHA @ MANJUNATH RAMA MOGER S/O RAMA MOGER MAJOR R/AT MOGER HOUSE KANCHIGERI, NOOZ BELKE, BHATKAL UTTAR KANNADA – 581 320 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD 1ST FLOOR, NOWKAR BHAWAR COMPLEX V.T.ROAD, BHATKAL U.K. – 581 320 ... RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.01.2015 PASSED IN MVC NO.1114/2013 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT & SESSIONS JUDGE, MACT II, DAKSHINA KANNADA, MANGALORE, 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 31.07.2017, 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 claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.1,10,000/- (Rupees One Lakh Ten 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 akv Sd/- MEMBER