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.2225/2016(MV) (LOK ADALATH NO.3929/2017) BETWEEN:
SNEHA PRABHA RAO W/O K KAMALAKSHA RAO, AGE 69 YEARS, R/AT 8/19 G BHAVANI NEHRU NAGAR, ARALA BETTU MANIPAL HERAGA VILLAGE UDUPI TALUK, UDUPI DISTRICT ... APPELLANT (BY SRI.HEGDE V S, ADV.) AND:
1. GOUTAM S/O VASUDEVA DEVADIGA AGED ABOUT 23 YEARS, R/AT GOLIBETTU, IRODI SASTANA VILLAGE, KUNDAPURA UDUPI TALUK AND DISTRICT – 576 201 2. SMT.LAKSHMI NAYAK WIFE OF LATE B C RAI, R/AT "CHITHWAN FARM HOUSE" SASTAN, KUNDAPURA, UDUPI TALUK, UDUPI DISTRICT – 576 201 3. NATIONAL INSURANCE CO., LTD., BY ITS UDUPI BRANCH MANAGER, VIDHYA POORNA COMPLEX, NEAR HEAD POST OFFICE, UDUPI TOWN, UDUPI DISTRICT – 576 101 ... RESPONDENTS (BY SRI.M S SRIRAM, ADV. FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.12.2015 PASSED IN MVC NO.371/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, 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 claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-National Insurance Company has agreed to pay a global sum of Rs.25,000/- (Rupees Twenty 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 entire enhanced award amount shall be released in favour of the appellant, on proper identification.
Sd/- JUDGE Akd/Rbv Sd/- MEMBER