HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

BEFORE THE LOK ADALATH

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21st DAY OF FEBRUARY, 2016

CONCILIATORS PRESENT:

HON'BLE MR. JUSTICE L. NARAYANA SWAMY

AND

SRI. B. BOPANNA, MEMBER

Miscellaneous First Appeal No.548/2014

(Lok Adalat No.1897/2015)

BETWEEN

1.RAMESHCHANDRA SHETTY @ RAMESH SHETTY S/O.LATE.GOPAL SHETTY, AGED ABOUT 51 YEARS, RESIDING AT MUTHAPPA COMPOUND, KADRI TEMPLE ROAD, MANGALORE, D.K.DISTRICT-575003. ... APPELLANT.

(By Sri. RAVISHANKAR SHASTRY G, ADVOCATE)

AND

1.DR. GANAPATHI P AGED ABOUT 46 YEARS, MANGALA NURSING HOME, VAJRA HILLS, KADRI ROAD, MANGALORE, D.K. PIN-575003.

2.THE DIVISIONAL MANAGER NATIONAL INSURANCE CO.LTD., 1ST FLOOR, EMJAYS COMPLEX,

OPP:NETHRAVATHI BUILDING, BALMATTA, MANGALORE, D.K.DISTRICT.-PIN-575001.

3.THE MANAGING DIRECTOR KSRTC, H.H.ROAD, SHANTHINAGAR, BANGALORE-PIN-560043.

4.THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD., 19/9-1, 2ND FLOOR, SOUND END ROAD, BASAVANAGUDI, BANGALORE.PIN-560023.

... RESPONDENTS

(By Sri. O MAHESH, ADVOCATE FOR R2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.06.2013 PASSED IN MVC NO.1715/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE & MACT, DAKSHINA KANNADA, MANGALORE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned counsel for the appellant and the representative of second

Respondent-Insurance Company along with its counsel are present.

2. After prolonged negotiations, the matter is settled. The Appellant-claimant

has agreed to receive and the second Respondent-Insurance Company has agreed

to pay a global compensation of Rs.70,000/- (Rupees seventy 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 second 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 amount shall be released in favour of the appellant on proper identification.

5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.

Sd/- JUDGE

Sd/- MEMBER

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