HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.2244/2017 (MV) (Lok Adalat No.2841/2019) BETWEEN Desendra @ Deshi, S/o Late Thibbaiah, Hindu, Aged about 23 years, R/at No.28/A, Nayandanahlli, Near Railway Track, Mysuru Road, Bengaluru - 39. ... Appellant (By Sri. T.C. Sathishkumar, Advocate) AND 1. Ramesh M.M, S/o Manjunatha M.S, Hindu, Major, R/at No.555, 8th Cross, Pandhara Palya, Nayandanahalli, Mysuru Road, Bengaluru - 26.
2. The Branch Manager, ICICI Lombard General Insurance Co. Ltd., No.9/1, Ulsoor Road, Bengaluru - 560 042. …Respondents (By Sri. K.N. Prakash, Advocate for R.1; Sri. A.N. Krishna Swamy, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.2016 PASSED IN MVC NO.5335/2015 ON THE FILE OF THE MEMBER, PRINCIPAL, MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant - Claimant and the learned Counsel for the Respondent - ICICI Lombard General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Claimant has agreed to receive and the Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand 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. The entire enhanced compensation amount shall be released in favour of Appellant - claimant, on proper identification.
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 LL