HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.3945/2018 (MV) (Lok Adalat No.3744/2019) 1. ERANNA, S/O CHIKKERANNA, AGED ABOUT 47 YEARS, 2. SMT.GANGAMMA, W/O ERANNA, AGED ABOUT 42 YEARS, BOTH ARE AGRICULTURAL COOLIES, R/O BADAGOLLARAHATTY, HIRIYUR TALUK – 577 526, CHITRADURGA DISTRICT.
(BY SRI.VIJAYAKUMAR S.C., ADVOCATE) ...APPELLANTS AND:
1. M/S.ANDHARA CEMENT CARRIERS, REPRESENTED BY NITESH K.BABARIA, 7TH WARD, NEAR CHURCH, KUDATHINI – 583 115, BELLARY DISTRICT.
2. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., ICICI LOMBARD HOUSE, 414, VEER SAHUKAR MARG, NEAR SIDDI VINAYAKA TEMPLE, PRABHA DEVI, MUMBAI – 25, MAHARASTRA STATE – 400 025.
(BY SRI.B.PRADEEP, ADVOCATE FOR R2) …RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.02.2018 PASSED IN MVC NO.1134/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent – ICICI Lombard General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 interest at the rate of 9% P.A. from the date of default, till the date of deposit.
4. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal.
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 MBM