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Karnataka High Court

Sri. N. Somashekar S/O M.Nandeppa vs Sri. N. Ramesh S/O B. Venkata Ramaiah on 12 June, 2013

       HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD
                BEFORE THE LOK ADALAT
              IN THE HIGH COURT OP KARNATAKA,
                  CIRCUIT BENCH AT DHARWAD
            DATED THIS THE 12TH DAY OF JUNE, 2013
                     CONCILIATORS PRESENT:
          THE HON'BLE MR.JUSTICE N,K.PATIL
                             AND
                 MR. K,L. PATIL, MEMBER
                MFA NO.21954 OF 2011 (MV)
                   LokAdalat No.140/2013
BETWEEN

Sri. N. Somashekar
S/o. M. Nandeppa
Age: 26 years
0cc: Welder
R/o. Near Eswara Temple
Parvathi Nagar Bellary.
                                             Appellant

(By Shri. Hanumanthareddy Sahukar,       Advocate.)

And

      Sri.N. Ramesh,
      S/o, B. Venkata Ramaiah
      Age: 37 years,
      0cc: Driver cum owner of
      Hero Honda Splendor
      Bearing Reg,No.KA-34/R-5437
      R/o. Indira Nagar,
      Kolagal Road,
      9th Cross, Bellary.


2.    The Divisional Manager,
      National Insurance Comoany Limited
                                    2
a




         Parvathi Nagar Main Road,
         Bellary.

                                                  Respondents

(By Shri. N.R. Kuppelur, Advocate for R-2; R- 1 notice dispensed with v/o.dt.14/02/2012) This MFA is filed U/s 173(1) of MV Act against the Judgment and Award Dated: 03.05.20 10 passed in MVC No. 1340/2009 on the file of the Member, Motor Accident Claims Tribunal II, Bellary, partly allowing the claim petition for compensation and seeking enhancement of compensation.

This MFA coming on for conciliation before Lok Adalat, after being referred by the Court, the following Conciliation Order is passed.

CONCILIATION ORDER The learned counsel for the appellant, the learned counsel for the second respondent and its representative are present.

2. After due deliberation in the matter, they have arrived at a settlement The second Respondent has agreed to pay a sum of Z75,000/- (Rupees Seventy five Thousand only) without interest, in addition to the amount already awarded by the Tribunal. The Appellant has agreed to receive the said amount in full and final settleriient of the claim.

3. The second respondent has agreed to deposit the amount before the Tribunal within six weeks from the date of preparation of the award, failing which the amount shall car interest at the rate of 9% per annum from the date of default, till the date of deposit.

4. The parties have filed a Joint Memo in terms of their settlement. The settlement is in the best interest of the parties and therefore, accepted.

5. Accordingly, the Judgment and Award Dated:

0305.201O passed in MVC No. 1340/2009 on the file of the Member, Motor Accident Claims Tribunal II, Bellary, stands modified in terms of the Joint Memo.
The entire enhanced amount shall be released in favour of the appellant, immediately.
Draw up the award in terms of the Joint Memo.
(1 I [3 MV *