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HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE BEFORE THE LOK ADALAT

IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 12TH DAY OF SEPTEMBER, 2014

CONCILIATORS PRESENT:

HON’BLE MR.JUSTICE K.N.PHANEENDRA & SMT H.R.RENUKA, MEMBER

M.F.A.No.8445/2013 (Lok Adalat No.4239/2014) BETWEEN

MR K G ABRAHAM NOW AGED ABOUT 39 YEARS, S/O GORGE K.V. R/O SANYASI MOOLE HOUSE, NEAR K.C.FORM VILLAGE, PUTTUR TALUK, DAKSHINA DISTRICT, PIN-574 201 ... APPELLANT (By Sri : VISHWANATHA POOJARY K. ADVOCATE )

AND

1. MR VENKAPPA POOJARY NOW AGED ABOUT 56 YEARS, S/O THIMMAPPA POOJARY PATALA HOUSE, KOILA VILLAGE, PUTTUR TALUK, DISTRICT, PIN-574 201

2. THE MANAGER THE FUTURE GENERAL INDIA INSURANCE CO. LTD: UNIT NO.201 AND 202 2ND FLOOR, INLAND A VENUE: BALLLAL BAGH MANGALORE: DAKSHINA KANNADA DISTRICT PIN-575001. ... RESPONDENTS (By Sri : P. B. RAJU, ADVOCATE FOR R2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.3.2013 PASSED IN MVC NO.543/2012 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THE APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 13.3.2014, THE FOLLOWING CONCILIATION 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. This is a claimant’s appeal for enhancement of compensation as against the Judgment and Award passed by the Tribunal. By mutual consent of the parties, it is agreed for enhancement of global compensation by another sum of Rs.40,000/- (Rupees Forty 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 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

3 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.

5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

Sd/- JUDGE

Sd/- MEMBER DKBDKBDKB