HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.3455/2012 (MV) (Lok Adalat No.4969/2017) BETWEEN 1. SMT. ANUSUYA W/O LATE KALEGOWDA AGED ABOUT 43 YEARS 2. B.K. MALLESHA S/O LATE KALEGOWDA AGED ABOUT 27 YEARS 3. B.K. NAGESH S/O LATE KALEGOWDA AGED ABOUT 25 YEARS ALL ARE RESIDENT OF BIJEMARANAHALLI VILLAGE SHANTHIGRAMA HOBLI, HASSAN TALUK, HASSAN DISTRICT.
(By SRI. CHETAN. B., ADV.) ... APPELLANTS AND 1. R. SRINIVASA S/O RANGAPPA MAJOR, RESIDENT OF KENCHAYANAPALYA VILLAGE KANNASANDRA VILLAGE, KADOORU HOBLI, MAGADI TALUK-562 120 RAMANGARA-DISTRICT.
2. THE MANAGER ICICI LOMBARD MOTOR INSURANCE JANITH HOUSE, KESHAVARAO KADE MARG, MAHALAKSHMI, MUMBAI-400 034.
REPRESENTED BY THE MANAGER, ICICI LOMBARAD MOTOR INSURANCE, H.N.PURA ROAD, KRITHIKA ARCHADE, NEAR NARASIMHARAJA CIRCLE, HASSAN-573 201.
... RESPONDENTS (By SRI. B. PRADEEP ADV., FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.2.2012 PASSED IN MVC NO.898/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimants-appellants and the learned counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellants-Claimants have agreed to receive and the Respondent- Insurance Company has agreed to pay a lump- sum of Rs.3,00,000/- (Rupees Three Lakhs only) 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 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. Apportionment, deposit and release of additional compensation amount among the claimants will be in the ratio of the award of the 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 PMR