V I HIGH COURT LEGAL SERVICES COMMIntE, AT CIRCUIT BENCH, DHARWAD BEFORE ThE LOK ADALAT IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED ThIS THE l5 DAY OF NOVEMBER 2010 CONCILIATORS PRESENT THE HON’BLE MR.JUSTICE V.G.SABHAHIT AND SRI.K.LPATIL, MEMBER MISCELLANEOUS FIRST APPEAL No.20871/2008 (IN LOK ADALAT NO.352/2010) BETWEEN: Jagadish Gouda, S/o. Heman Gouda, Aged about 23 years, R/o. Ward No.18, 4 th Cross, S.N.Pet, Bellary. ...Appellant (By Sri. Y. Laxmikanth Reddy and Smt. Malathi Reddy, Advocates) AND: 1. S. Venkateshwar RaG, Major, Owner of the bus bearing Regn. No.KA-37/4148, R/o. Sal Service Station, 2 Plot No.21, Sankaiapur, Industrial Estate, Beliary Road, Hospet. 2. The Manager, National Insurance Co. Ltd., Beilary. 3. K. Thangavei, 5/0. Kuppanna, Major, Owner of the lorry No. KA-01/AA-3444, Rio. Gr. No.107, Cross, Kaiasipaiyam, New Extension, Bangalore. 4. The Manager, National Insurance, Company Umited, Beiiary. Respondents (By Sri. M.Y.Katagi, Advocate for R-2 and R4, R-1 and R-3 dispensed with) This MFA is filed under Section 173(1) of M.V. Act against the judgment and award dated 08.02.2008 passed in M.V.C. No.217/2006 on the file of the Member, M.A.C.T.-5, Beilary, partly allowing the claim petition for compensation and seeking enhancement of compensation. This appeal coming on for conciliation before Lok Adaiat after being referred vide order dated 21.04.2010, the following order is passed: CONCILIATION ORDER This appeal is filed by the claimant In M.V.C. No.217/2006 on the file of 5 th Motor Accident Claims Tribunal (hereinafter referred to as ‘the Tribunal’), Bellary, being aggrieved by the judgement and award dated 08.02.2008 and seeking for enhancement of compensation. 2. The appellant sustained fracture of Tibia and consequent disability and he was aged about 21 years at the time of the accident and was studying P.U.C. The Tribunal has awarded global compensation of Rs.84,500/-, payable by the respondents 2 and 4 to the appellant - claimant. 3. After detailed discussion and negotiatIon, it Is agreed by the learned counsel appearing for the appellant and the learned counsel appearing for the Insurance Company that in addition to the amount awarded by the TrIbunal, additional amount of Rs.45,000/-, which Is inclusive of interest, shall be paid by respondents 2 and 4 In full and final settlement of the claim of the appellant. I 4 4. AccordIngly, the appellant would be entitled to the compensatIon awarded by the Tribunal at Rs.84,500/- (Rupees Eighty Four Thousand Five Hundred) with Interest at 6% per annum from the date of petition till the date of realizatIon and In addition, Rs.45,000/- (Rupees Forty Five Thousand), which Is inclusive of interest. The joint application to be filed accordingly. Respondents 2 and 4 - Insurance Company, on whom the liability Is fixed by the Tribunal shall pay the enhanced compensation in equal proportion within two months from the date of receipt of the award or production of the certified copy of the award, after excluding the time taken for grant of certified copy, fallIng which, the enhanced compensation shall carry interest at 9% per annum from the date of appeal to the date of payment. sirna/Rsh