Karnataka High Court
Krishnegowda vs Jayanthi on 8 July, 2017
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2017
CONCILIATORS PRESENT:
THE HON'BLE MR.JUSTICE B.VEERAPPA
AND
SRI. M.N. UMASHANKAR, CONCILIATOR
MISCELLANEOUS FIRST APPEAL NO.7012/2011 (MV)
(LOK ADALATH NO.721/2016 )
BETWEEN:
KRISHNEGOWDA
S/O PAPEGOWDA
AGED ABOUT 52 YEARS
R/AT NAGALAPURA GRAMA
KASABA HOBLI
HOLENARASIPURA TALUK
HASSAN DISTRICT. ... APPELLANT
(BY SRI. VEDHU KUMAR Y. S. ADV.)
AND:
1. JAYANTHI
W/O HONNEGOWDA
KADUVINAKOTE GRAMA
HALEKOTE HOBLI
HOLENARASIPURA TALUK
HASSAN DISTRICT - 573 201.
2. MOHAMMAD HANEEF
S/O SALMAN
MAJOR, NEAR MARKET
2
HASSAN MYSORE ROAD,
HOLENARASIPURA - 573 211.
3. MANAGER
NATIONAL INSURANCE CO. LTD,
MANJUNATH COMPLEX,
BUS STAND ROAD,
HASSAN - 573 201. ... RESPONDENTS
(BY SRI. LEXPLEXUS ADV. FOR R2)
...
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED : 24.8.2010 PASSED IN MVC NO.2151/2009 ON THE FILE OF FAST TRACK COURT AND MACT, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING 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. After prolonged negotiations, the matter is settled. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lumpsum of Rs.95,000/- (Rupees Ninety Five Thousand only), in addition to what has been awarded by the 3 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 interest at the rate of 9% P.A. from the date of default, till the date of deposit.
4. The entire enhanced compensation 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 stands modified accordingly.
Office to draw up the award accordingly.
Sd/-
JUDGE Sd/-
CONCILIATOR Nsu/-