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 MR. ABHAY S. OKA, CHIEF JUSTICE & MR. UDAYA HOLLA, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO. 7253/2016 (MV)
(LOK ADALAT NO.2478/2019)
BETWEEN:
CHETHAN NOW AGED 17 YEARS (MINOR) REPRESENTED BY HIS NATURAL/ LEGAL GUARDIAN FATHER CHENNAPPA, NOW AGED 41 YEARS S/O MUDARA, PADUBETTU HOUSE NELLYADI POST AND VILLAGE PUTTUR TALUK DAKSHINA KANNADA DISTRICT PIN – 574 201 …APPELLANT (BY SRI K VISHWANATHA POOJARY, ADVOCATE) AND:
1. KESHAVA K NOW AGED 33 YEARS S/O GOPANNA GOWDA R/O KODENKIRI HOUSE NOOJIBALTHILA VILLAGE PUTTUR TALUK DAKSHINA KANNADA DISTRICT PIN-574 201 2. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO., LTD., MAXIMUS COMMERCIAL COMPLEX 2ND FLOOR, OFFICE NO. C-22 LIGHT HOUSE, HILL ROAD HAMPPANAKATTA, MANGALORE DAKSHINA KANNADA DISTRICT PIN-575 001 ... RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV Act AGAINST THE JUDGMENT AND AWARD DATED 23.7.2016 PASSED IN MVC NO.868/2015 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel appearing for the appellant –claimant and the learned counsel appearing for the second respondent – ICICI Lombard General Insurance Co. Ltd., along with its representative are present.
2. A joint memo signed by the learned advocate appearing for the appellant (being authorised by the appellant to sign) and the learned advocate appearing for the second respondent –Insurance Company and its authorised officer is filed. The appellant –claimant has agreed to receive and the second respondent –Insurance Company has agreed to pay a lump sum of Rs.30,000/- (Rupees thirty 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 the award failing which, the said amount shall carry interest @ 9% p.a. from the date of default till the date of deposit.
4. The Miscellaneous First Appeal is disposed of in terms of the settlement recorded in the joint memo of today’s date. The judgment and award of the Tribunal shall stand modified accordingly. There shall be an award in terms of the settlement. The entire enhanced compensation amount shall be released in favour of the appellant on proper identification.
Sd/- CHIEF JUSTICE Sd/- CONCILIATOR bkv