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Marry vs. Perumal

Final Order
Court:High Court of Karnataka (Bangalore)
Judge:Hon'ble Lok Adalath
Case Status:Disposed
Order Date:24 Jan 2004
CNR:KAHC010350072001

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Order Issued After Hearing

Purpose:

Orders

Before:

Hon'ble Lok Adalath

Listed On:

24 Jan 2004

Order Text

HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE BEFORE THE BRUHAT LOK ADALATH

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE $24^{TB}$ DAY OF JANUARY 2004.

: BEFORE:

THE HON'BLE MR. JUSTICE S. ABDUL NAZEER AND MR.S.P.SHANKAR, MEMBER.

(CONCILIATORS)

M.F.A. NO.4030/2001 (MV) (L.A. $No. 23/2004$ )

BETWEEN:

GH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU

  • SMT.MARRY, W/O LATE D.V. BABU, AGED ABOUT 40 YEARS,
  • MS. POORNIMA BABU, D/O LATE D.V. BABU, AGED ABOUT 22 YEARS,
  • MR. PRAKASH BABU, S/O LATE D.V. BABU, AGED ABOUT 20 YEARS.

ALL ARE R/AT No.431, MMC HOUSE, 1<sup>ST</sup> FLOOR, 1<sup>ST</sup> MAIN, 7<sup>TH</sup> BLOCK, KORAMANGALA, BANGALORE -560 095.

. APPELLANTS.

(By SRI D.H.MOKASHI, ADV.,)

AND:

    1. SRI. PERUMAL, BIN NARAYAN, DRIVER, LORRY NO.MDR 6349, AGED ABOUT 30 YEARS, NO.716, DURGA TEMPLE STREET, BRAHMAVARAM, NORTH ARCOT.
    1. SRI. M. SHEKAR, LORRY OWNER, S/O THANGAVELU, MAJOR, NO.25, PARK STREET, PULIYAMKUNNIHALLI, RANIPET, NORTH ARCOT.

3. THE UNITED INDIA INSURANCE CO.LTD., NO.35, IMB ROAD, GANDHI CHOWK, RANIPET, NORTH ARCOT.

HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU

HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA

IIGH COUKT OF KARNATAKA

.RESPONDENTS

(BY SRI. A.N.KRISHNA SWAMY, ADV. FOR R.3.)

This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicles Act, 1988, against the Judgment and Award dated 16.05.2001 No. $817/1997$ by the passed in MVC learned - V Judge & M.A.C.T., Court Additional $of$ Small Causes, Mayo Hall Unit, Bangalore.

This Miscellaneous First Appeal after being referred to Lok Adalat $\cdot$ and $coming$ $\mathsf{up}^$ for Conciliation before the Bruhat Lok Adalath, ABDUL NASEER J., passed the following:

CONCILIATION ORDER

Appallants, respondent $No.3$ and their Counsel are present.

  1. This appeal is filed by the claimants on the question of less awarding of compensation and prayed for enhancement.

After having prolonged discussions and З. negotiations between the Counsel learned appearing on behalf of the parties and the Law Officer of the Insurance Company, we have perused the finding recorded by the Tribunal. Having regard to the facts and circumstances of this case, it would be proper and appropriate for the

Lok Adalath to enhance the lump-sum compensation by a sum of Rs.20,000/- (Rupees Twenty Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. The respondent No.3-United India Insurance Company Limited has agreed to deposit the said amount before the Tribunal within four weeks from the date of preparation of Award, failing which the said amount shall carry interest at the rate from this data till the date of of 9% P.A. A Joint Memo is also filed to this payment. effect.

$4.$ The entire enhanced compensation $of$ Rs.20,000/- shall be apportioned equally among the claimants and shall be paid to them.

stands This Miscellaneous First Appeal disposed off in terms of the joint Memo. The modified $of$ Tribunal stands award the accordingly.

$Sd/-$ Judge $Sd/-$ MEMBER

*KSN/05.02.04/01.03.04.

JIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH CO

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Order(1) - 24 Jan 2004

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