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.6321/2017 (MV) (Lok Adalat No.2478/2019) BETWEEN The Divisional Manager, ICICI Lombard GIC Ltd., ICICI Lombard House, 414 Veera Savarkar Marga, Near Siddi Vinayaka Temple, Prabhadevi, Mumbai-400 025, Now represented by:
Regional Manager, ICICI Lombard General Ins. Co. Ltd., 9th Floor, The Estate 121, Dickenson Road, M.G.Road, Bangalore – 560 042. … Appellant (By Sri A.N.Krishnaswamy, Advocate) AND:
1. Smt. Savithri, W/o late Shivarama Hande, aged about 41 years, 2. Master Balakrishna, S/o late Shivarama Hande, Aged about 05 years, 3. Kum. Swapna, D/o late Shivarama Hande, Aged about 11 years, R.2 & R3 are minors, Rep. by R.1.
4. Smt. Parvathi, W/o Krishna Hande, Aged about 72 years, All are R/at. Delampady House Angadimogaru Post, Kasaragod District, Kerala State – 689 572.
5. Sri Venkatramana Nayak, S/o Vasudeva Nayak, Aged about 55 years, r/o Anugraha House, near Muttappa Guddi, Shakthinagar, Mangaluru – 575 007. . . . Respondents (By Sri G.Ravishankar Shastry, Advocate for R.1 to 4) THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2017 PASSED IN MVC.NO.256/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & JMFC, BANTWAL, D.K., AWARDING COMPENSATION OF RS.18,97,200/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant – ICICI Lombard General Insurance Company Limited and learned Counsel appearing for the Respondent Nos.1 to 4 – Claimants 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 respondents (being authorized by the respondents to sign) and the learned advocate appearing for the Appellant - insurance company and its authorized officer is filed. The respondent Nos.1 to 4 - claimants have agreed to receive and the appellant-insurance company has agreed to pay a sum of Rs.18,25,000/- (Rupees Eighteen Lakh Twenty-Five Thousand only) with interest @ 6% p.a., instead of Rs.18,97,200/- with interest at 6% p.a., in full and final settlement of the claim.
3. The Appellant - 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 modified 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 Sd/- MEMBER Mkm*