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.2483/2012 (MV) (LOK ADALATH NO.4885/2017) BETWEEN:
1. SRI H R RAJANNA S/O LATE RAMANNA AGED ABOUT 48 YEARS 2. SMT PUTTAMMA W/O H R RAJANNA AGED ABOUT 44 YEARS BOTH ARE R/AT BHUVANAHALLI VILLAGE SIRA TALUK, TUMKUR DISTRICT ... APPELLANTS (BY B S NATARAJA & ASSOCIATES, ADV.) AND:
1. AZGHAR KHAN S/O INAYATHULLA KHAN AGED 34 YEARS, NO .114, 1ST MAIN, 1ST CROSS R G PALYA, BANGALORE DISTRICT, (OWNER OF 407 GOODS VEHICLE BEARING NO. KA-05—3199) 2. NATIONAL INSURANCE CO. LTD., 2ND FLOOR, 16, KUMARA KRUPA ROAD SHIVANANDA CIRCLE, BANGALORE REP. BY ITS BRANCH MANAGER POLICY NO 603900/31/07/6300001319 VALID FROM 26/04/07 TO 25/04/08) ... RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.12.2011 PASSED IN MVC NO.1175/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, SIRA, 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 03.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Respondent-National Insurance Company Limited 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.2,25,000/- (Rupees Two Lakhs 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
Sd/- JUDGE Sd/- MEMBER Akd/mkm