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.11831/2012 (MV) (LOK ADALATH NO.5342/2017) BETWEEN:
SUMANJEGOWDA S/O HANUMANTHEGOWDA, AGED 44 YEARS, A GUDUGANAHALLY VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK, HASSAN DIST - 573 213.
(BY SRI.B M MOHAN KUMAR, ADV.) AND:
1. D R UMESH S/O D R RAMESH, MAJOR, DODDABASAVANAHALLY VILLAGE, KASABA HOBLI, M.HOSAKOPPALU POST, HASSAN TALUK, HASSAN DIST. - 573 213.
(OWNER OF THE MOTOR BIKE BEARING REG. NO.KA 13-R-9503) ... APPELLANT 2. NATIONAL INSURANCE CO. LTD. MANJUNATHESHWARA COMPLEX, BUS STAND ROAD, HASSAN - 573 201. (POLICY NO.602402:31:08:6700008205 VALID FOR THE PERIOD FROM 12.02.2009 TO 11.02.10) ... RESPONDENTS (BY SRI.A.M.VENKATESH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.03.2012 PASSED IN MVC NO.567/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, 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 14.11.2017, 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.75,000/- (Rupees Seventy 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 Sd/- MEMBER akd