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.7599/2015 (MV) (LOK ADALATH NO.3788/2017) BETWEEN:
1. T.H. SHIVAPPA @ SHIVAKUMAR EKKEGONDI @ EKKEGONDI SHIVANNA S/O HANUMANTHAPPA AGE 44 YEARS 2. SMT. RATHNAMMA W/O SHIVAKUMAR EKKEGONDI @ EKKEGONDI SHIVANNA AGE 42 YEARS 3. ASHA D/O T.H. SHIVAPPA @ SHIVAKUMAR EKKEGONDI @ EKKEGONDI SHIVANNA AGED ABOUT 24 YEARS ALL ARE R/O THURCHAGATA VILLAGE DAVANAGERE TALUK AND DISTRICT – 577 001 ... APPELLANTS (BY SRI.SHASHIDHARA R, ADV.) AND:
1. DAMODARA DESAI S/O GURUDAS DESAI MAJOR R/O FOTHUMORAD KAKODA KARCHOREM, QUIPEM GOA – 403 108 DRIVER OF TIPPER LORRY BEARING NO.GA -01-U-7358 2. DIWAKARA NARAYANA DESAI S/O NARAYANA @ NARAYANA DESAI C/O RATHISH ULLAS BANDEKAR HOUSE NO.217, KSHATRIYA MARATHA CAST, DEVATHIVADA SHIRAVADA, KARWAR DISTRICT – 581 301 DRIVER OF TIPPER LORRY BEARING NO.GA-01-U-7358 3. THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED DIVISIONAL OFFICE MALLIKARJUNA COMPLEX I.B. ROAD, P.J. EXTENSION DAVANAGERE – 577 001 ... RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADV., FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 22.09.2014 PASSED IN MVC NO.501/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT – V AT DAVANAGERE, 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 13.09.2017, 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 negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. 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.
Sd/- JUDGE Sd/- MEMBER akv