HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE
BEFORE THE NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF DECEMBER, 2014
CONCILIATORS PRESENT:
HON’BLE MR. JUSTICE K.N. PHANEENDRA AND SRI. PUTTEGOWDA, MEMBER
MISCELLANEOUS FIRST APPEAL NO.8280/2013 Lok Adalat No.5718/2014
BETWEEN
ABDUL HAMMED, S/O MOHAMMAD, NOW AGED ABOUT 27 YEARS, R/O. MARIKE HOUSE, ARYAPU VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT, PIN CODE:574 201. ... APPELLANT
(BY SRI.VISHWANATHA POOJARY.K, ADVOCATE)
AND
1. ABDUL PAWAZ, S/O MOHAMMAD, NOW AGED ABOUT 32 YEARS, R/O. MARIKE HOUSE, ARYAPU VILLAGE, SAMPYA POST, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT, PIN CODE-574 201.
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2. THE MANAGER THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE: SHRI KSHETRA DHARMASTHALA BUILDING, MAIN ROAD, PUTTUR, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT, PIN CODE-574 201. ... RESPONDENTS
(BY SRI.C.M.POONACHA, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.12.2012 PASSED IN MVC NO.775/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA HAVING BEEN REFERRED TO LOK ADALATH FOR SETTLEMENT, COMING ON FOR ORDERS, THIS DAY, SRI K.N. PHANEENDRA, J . MADE THE FOLLOWING: * * * CONCILIATION ORDER
The learned counsel for the appellant and the
representative of the Respondent –Insurance Company along
with their counsels 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
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Rs.20,000/- (Rupees Twenty thousand only) including interest, 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 shall 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 the rate of 9% P.A. from the date of default, till the date of deposit. The entire enhanced amount is ordered to be released in favour of the claimant on deposit.
This Miscellaneous First Appeal stands deposed off in terms of the joint memo. The award of the Tribunal shall stand modified accordingly.
SD/- JUDGE
SD/- MEMBER
PL