HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY ACTING CHIEF JUSTICE & SMT. M. JYOTHI, MEMBER MISCELLANEOUS FIRST APPEAL NO.7423/2015 (LOK ADALATH NO.65/2019) BETWEEN:
SRI.MARUTHI RAO S/O.PARUSHURAMA RAO WAWANTH AGED ABOUT 51 YEARS R/AT GOWLIGARA STREET, 11TH CROSS, B.H.ROAD BHADRAVATHI SHIMOGA DISTRICT – 577 201 ... APPELLANT (BY SRI.M.V.MAHESWARAPPA, ADV.) AND:
1. HALESH S/O RANGAPPA AGED ABOUT 32 YEARS DRIVER R/AT BOMMANAKATTE VILLAGE CHITRADURGA DISTRICT – 576 201 2. SMT.NINGAMMA W/O THIMMEGOWDA MAJOR IN AGE R/AT LAKSHMIVENKATESHWARA NILAYA ANTHARANGANGE VILLAGE BHADRAVATHI TALUK SHIMOGA DISTRICT – 577 201 3. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, POST BOX NO. 708 1ST FLOOR, RAMABHAVAN COMPLEX KODAILBAIL MANGALORE – 575 003 ...RESPONDENTS (BY SRI.SHOWRI H R & SRI.AKSHAYA D.B., ADV. FOR R2 SRI.RAVISH BENNI, ADV. FOR R3 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.04.2015 PASSED IN MVC NO.434/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT-12, BHADRAVATHI, 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 25.01.2019, 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.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.
Entire enhanced award amount shall be released.
Sd/-
ACTING CHIEF JUSTICE lnn Sd/- MEMBER