HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER M.F.A.No.2975/2014 (MV) (Lok Adalat No.2410/2019) BETWEEN 1. Mahalingegowda, S/o Gaddegowda, Aged about 52 years, 2. Smt. Shivarathna @ Shivarathnamma, W/o Mahalingegowda, Aged about 45 years, 3. Manoraj, S/o Mahalingegowda, Aged about 24 years, All are R/o Doddagarudanahalli, Basaral Hobli, Mandya Taluk & District – 571 401. ... Appellants (By Sri G.M.Ananda, Advocate) AND 1. The Branch Manager, ICICI Lombard General Insurance Company Limited, No.203, Mythri Arcade, Kantharaje Urs Road, Saraswathipuram, Jayanagara, Mysore – 570 001.
2. N.S.Chandru, S/o N.Siddaiah, r/o 4th Cross, Harshitha Nilaya, Guttalu Road, Mandya – 571 401. …Respondents (By Sri A.M.Venkatesh, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2012 PASSED IN MVC NO. 749/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND CJM, MANDYA, 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 First 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 First respondent – Insurance Company and its authorized officer is filed. The Appellants -
Claimants have agreed to receive and the First Respondent - Insurance Company has agreed to pay a lump-sum of Rs.5,65,000/- (Rupees Five Lakh Sixty-Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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 Judgment and Award passed 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 Mkm* Sd/- MEMBER