Karnataka High Court
William Leo vs K.S.R Murthy on 11 September, 2014
1
HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF SEPTEMBER, 2014
CONCILIATORS PRESENT:
HON'BLE MR.JUSTICE K.N.PHANEENDRA
&
SRI A.M.VENKATESH, MEMBER
M.F.A.No.3242/2009
(Lok Adalat No.3134/2011)
BETWEEN
WILLIAM LEO
S/O SILVAR STAR NORONHA
AGED ABOUT 53 YEARS
R/AT NO 34/4, 4TH A CROSS ROAD
KANAKANAGAR
RT NAGAR POST,
BANGALORE
... APPELLANT
(By Smt : P V KALPANA, ADVOCATE)
AND
1.K.S.R MURTHY
2M-132, 2ND MAIN, KASTURINAGAR
EAST OF NGEF
BANGALORE
2.ROYAL SUNDARAM ALLIANCE GENERAL
INSURANCE COMPANY LTD
SUNDARAM TOWERS
46, WHITES ROAD, ROYAPETTAH
CHENNAI 600 114
... RESPONDENTS
(By Sri : K SURYANARAYANA RAO, ADVOCATE FOR R2) 2 MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.3.2008 PASSED IN MVC NO.5899/2007 ON THE FILE OF THE V ADDL. JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, MAYOHALL UNIT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 19.11.2011, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company along with its representative are present.
2. This is a claimant's appeal for enhancement of compensation as against the Judgment and Award passed by the Tribunal. By mutual consent of the parties, it is agreed for enhancement of global compensation by another 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. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent -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 3 interest at the rate of 9% P.A. from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/-
JUDGE Sd/-
MEMBER DKB