Karnataka High Court
Sri. Narayana Devadiga vs Smt. Indira C Shetty on 19 September, 2020
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE e-LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2020
CONCILIATORS PRESENT:
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
SMT.H.R.RENUKA, CONCILIATOR
M.F.A.No.6240/2016 (MV)
(Lok Adalat No.863/2020)
BETWEEN :
SRI. NARAYANA DEVADIGA,
AGED ABOUT 47 YEARS,
S/O. SOMA DEVADIGA,
R/AT. ULIGA MANE, MUDLAKATTE,
KUNDAPURA VILLAGE AND TALUK,
UDUPI DISTRICT - 576 217. .....APPELLANT
(BY SRI. NAGARAJA HEGDE, ADV.)
AND :
1. SMT. INDIRA C. SHETTY, MAJOR,
W/O. CHANDRASHEKAR SHETTY,
R/AT. NO.10/2/41B
DEVENDRA TOWERS, 2ND FLOOR,
BADAGUPETE, UDUPI - 576 101.
2. THE NEW INDIA ASSURANCE CO.LTD.,
KUNDAPURA BRANCH,
PUSHPA BUILDING, MAIN ROAD,
KUNDAPURA - 576 201,
REP. BY ITS BRANCH MANAGER. ...RESPONDENTS
(BY SMT. ARUNA Y., ADV. FOR R2) 2 THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 08.06.2016 PASSED IN MVC No.229/2014 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE e-LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the appellant/claimant is present through video conferencing. The learned counsel appearing for the second respondent (the insurer) is present.
2. After due deliberations, the parties have arrived at a settlement. The appellant/claimant has agreed to receive and respondent No.2 - Insurance Company has agreed to pay global compensation of Rs.50,000/- (Rupees Fifty Thousand Only) in addition to what has been awarded by the Tribunal, towards full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect. 3
3. The respondent No.2 - Insurance Company has agreed to deposit the said amount before the Tribunal, within six weeks from the date of preparation of the award, failing which, the said amount shall carry interest at 9% p.a. from the date of default, till the date of deposit.
4. The entire enhanced compensation amount is ordered to be released in favour of the claimant, on deposit.
5. Accordingly, Miscellaneous First Appeal stands disposed of in terms of the Joint Memo and the award of the Tribunal shall stand modified. Draw the award accordingly.
Sd/-
JUDGE Sd/-
CONCILIATOR rv