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:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SMT.B.V.VIDYULATHA, MEMBER MISCELLANEOUS FIRST APPEAL NO.7121/2017(MV) (LOK ADALATH NO.5900/2017) BETWEEN:
G. S. UMESH S/O. SHIVANNA, NOW AGED ABOUT 26 YEARS, TECHNICIAN, AT TEJA TECHNICAL SERVICE, R/O. 1ST CROSS, GOVT. COLLEGE ROAD, HIRIYUR TOWN - 577 599 (BY SRI.RANGEGOWDA N R, ADV.) AND:
1. MUBARAK S S/O. SANAULLA, AGED MAJOR, R/O. WARD NO. 2, HIRIYUR TOWN, CHITRADURGA DISTRICT - 577 599 2. THE AUTHORIZED MANAGER ... APPELLANT THE ICICI LOMBARD GENERAL INSURANCE CO. LTD., ICICI BANK TOWER, BANDRA KURLA COMPLEX, MUMBAI - 400 051 ... RESPONDENTS (BY SRI. B C SHIVANNEGOWDA, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.04.2017 PASSED IN MVC NO.62/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT AND JMFC, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 21.11.2017, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiation, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.80,000/- (Rupees Eighty Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Entire enhanced award amount shall be released.
Sd/- JUDGE Sd/- MEMBER akd