1 HIGH COURT LEGAL SERVICES COMMITrEE, 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 CONCIUATORS PRESENT THE HON’BLE MR.JUSTICE V.G.SABHAHIT AND SRLK.L.PATIL, MEMBER MISCELLANEOUS FIRST APPEAL No.20534/2008 (IN LOK ADAL.AT NO.362/2010) BETWEEN: Shri Malllkarjun, Sb. Balappa Rachannavar, Aged about 25 years, 0cc: NIl (Now Mason), R/o. A/P Karadiguddl, DIst: Belgaum. Appellant (By Sd. S.S. Katageri, Advocate) AND: 1. Smt. Girija, W/o. Mallappa Yaragal, Aged about 41 years, 0cc: Business, PJo. 13 th main Ranput Bldg., Vidyagiri, Dist: Bagalkot. 2. The Divisional Manager, National Insurance Co. Ltd, Maruti Galli, Belgaum 590002. (By Sri. MK.. Soudhagar, Advocate for R2, R1 served) This MFA is filed under Section 173(1) of Motor Vehicles Act, i988 against the judgment and award dated 13J22QQ7 passed in MVC. No74Q/2O06 on the file of the Learned Fast Track Court II and Additional MACT. Belgaum, allowing the claim petition for compensation and seeking enhancement of compensation. This appeal coming on for conciliation before Lok Adalat after being referred vide order dated i9042010, the following order is passed: CONCILIATION_ORDER This appeal is filed by thEC claimant in MVC. -‘ LuUh -J u c IccJF I QLK LUIJI L Ii End ,dditionai Motor Accident Ciaims Tdbunai lereinefter referred to as ‘the Tribunai’), Belgaurn, being aggrieved by the judgement and award dated 13122007 and seeking for enhancement of compensation. I. 3 2. The appellant sustained fracture of shaft of right femur (lower 1/3” ) and consequent disability and was aged about 23 years at the time of the accident and was doing masonry and agricultural work. The Tribunal has awarded compensation of 1,14,440/- wIth Interest at 6% per annum from the date of petition till the date of realization to the appellant, payable by respondent No.2 — Insurance Company. 3. After detailed discussion and negotiation, the parties have agreed that in addition to the compensation already awarded by the Tribunal, an additional amount of 80,000/-, which is inclusive of interest, shall be paid by the second respondent — Insurance Company in full and final settlement of the claim of the appellant. 4. Accordingly, the appellant would be entitied to the compensation awarded by the Tribunal at Rs.1,14,440/- (Rupees One Lakh Fourteen Thousand Four Hundred and Forty) with interest at 6% per annum from 4 the date of petition till the date of realization and in additIon, Rs.80000/- (Rupees Eighty Thousand), which Is inclusive of interest. The joint application to be filed accordingly. 5. The amount in deposit shall be sent to the Tribunal for payment in accordance with the terms of the award. Respondent No.2 - Insurance Company shall pay the enhanced compensation within eight weeks 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 the certified copy, failing which, the enhanced compensation shall carry interest at 9% per annum from the from the date of appeal to the date of payment. JUDGE Sd! Ma srna/Rsh