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.3183/2017 (MV) (LOK ADALATH NO.5302/2017) BETWEEN:
SRI.LOKESH @ LOKANNA S/O LATE MUDLAPPA, AGED ABOUT 47 YEARS R/O HUNASEHALLI VILLAGE AT POST, GOWDAGERE HOBLI, SIRA TALUK – 572 137 TUMKUR DISTRICT ... APPELLANT (BY SRI.V B SIDDARAMAIAH, ADV.) AND:
1. THE NATIONAL INSURANCE CO LTD ABOVE CORPORATION BEHIND KRISHNA TALKIES M G ROAD, TUMAKURU TUMAKUR - 572101 REP BY ITS BRANCH MANAGER 2. SRI S R SHIVAKUMAR S/O RAMACHANDRAPPA AGED ABOUT 34 YEARS R/O GARIMARANAHATTI, SIRA TALUK – 572 137 TUMKUR DISTRICT ... RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.11.2016 PASSED IN MVC NO.1179/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, AT 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 10.11.2017, 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 negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.90,000/- (Rupees Ninety 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 Sd/- MEMBER akd