S. I b HIGH COURT LEGAL SERVICES COMMI’fl’EE, DHARWAD BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DHARWAD DATED THIS THE 24Th DAY OF FEBRUARY 2011 CONCIUATORS PRESENT: THE HON’BLE MR.JUSTICE N.K.PATIL AND MR. ILL. PATIL, MEMBER MFA NO.2305 OF 2007 (MV) Lok Adalat No.116/2011 BETWEEN Sri. Shankar, Sb. Nagappa Yendigeri, Age 37 years, 0cc: Business, R/o. Dharwad, Now residing at Basaveshwar Nagar, Gokul Road, Hubli, Dharwad District. Appellant (By Sri. A.S. PaUl for Sri. Vighneshwar S. Shastri, Advocate) AND 1. Sha Nainmal Bhabhutmaiji, Age: Major, 0cc: Owner of Maruti car No.38/M 626, R/o. Kadak Road, Haveri, Haveri District 2. National Insurance Co. Ltd., Haven Branch by its Divisional, Office Sujatha Complex, P.B. Road, Hubli. Certificate NO.0151073. 3. Sri. Mahesh. S/o. Chidambar Kulkarni. Age: Major, 0cc: Business/ Service, R/ o. Desai Estate. Dharwad. Respondents (By Sri. Praveen P. Tarihal for Sri. Venkatesh R, Bhagat, Advocate R2; Sri. P.V. Kittur Associates for RI; Sn, Veeresh R. Budihal & Sri. Gangadhar Hosakeri, Advocates for R3) This MFA filed u/s 173(1) of MV Act against the Judgment and Award dated 25/1 1/2006 passed in MVC No.550/2002 on the file of the I Addi. Civil Judge (Sr,Dn), Addl.MACT, Hubli, partly allowing the claim petition for compensation and seeking enhancement of compensation. This Appeal 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 ha.s areed to •av a sum of L96,OO0/ (Rupees One Lakh Ninety Six 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 settlement of the claim, 3. The second respondent has agreed to deposit the amount before the Tribunal within four weeks from the date of receipt of a copy of the conciliation order. failing which the amount shall carry. 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 25/11/2006 passed in MVC No.550/2002 on the file of the I Addl. Civil Judge (Sr.Dn), Addl.MACT, Hubli, stands modified in terms of the Joint Memo. 4 Out of the enhanced compensation of ?1,96000/-, a sum of Z1,50,000/- shall be invested in the Fixed Deposit Account, in the name of the claimant appellant, for a period of five years, renewable by another five years, with liberty reserved to him to withdraw the interest periodically. Remaining compensation of ?46,000/- shall be released in favour of the claimant apjellant immediately on deposit by the Insurer. Draw up the award accordingly. Sd! JUDGE BMV