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.2889 OF 2014 (MV) (LOK ADALATH NO.3125 OF 2016) BETWEEN:
SRI KRISHNAPPA @ KRISHNAPPA GOWDA S/O. RAMEGOWDA, AGED ABOUT 44 YEARS, R/O. MEGARAMANE, HEMAKKI VILLAGE, KALASA HOBLI, MUDIGERE TALUK, CHICKMAGALUR DISTRICT-577 101.
(BY SRI. RAJASHEKAR M, ADV) AND:
1. SRI B G ASHOK S/O. GOPALASHETTY, AGED ABOUT 32 YEARS, R/O. INDIRANAGARA, BANAKAL, MUDIGERE TALUK, NATIVE PLACE, BOGASE VILLAGE, CHIKMAGALUR TALUK, CHIKAMAGALUR DISTRICT-577 101 …APPELLANT 2. SUDHAKARA SHETTY, S/O. KORAGAIAHA SHETTY, AGED ABOUT 42 YEARS, R/O DEVANAGOOL VILLAGE, BANKAL HOBLI MUDIGERE TALUK, NATIVE OF KOTTIGEHARA, MUDIGERE TALUK, CHIKMAGALUR DISTRICT-577 101.
3. M/S. NATIONAL INSURACE CO. LTD. YASHORAM CHAMBERS, RATHNAGIRI ROAD, CHIKMAGALUR, REP. BY ITS BRANCH MANAGER, CHIKMAGALUR DISTRICT-577 101.
(BY SRI. SHIVARAJ PATIL FOR R3, ADV.,) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGEMENT AND AWARD DATED: 23.03.2013 PASSED IN MVC NO.590/2011 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND M.M.A.C.T, CHIKMAGALUR, 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 28/06/2016, 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.65,000/- (Rupees Sixty 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.
Entire enhanced award amount shall be released.
Sd/- JUDGE akv Sd/- MEMBER