HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.3585/2019 (MV) (Lok Adalat No.3783/2019) 1. GANESH RAO S.R., S/O SE RAMA RAO, AGED ABOUT 80 YEARS, 2. SMT.SAROJA BAI, W/O GANESH RAO, AGED ABOUT 77 YEARS, BOTH ARE RESIDING AT #187, 9TH CROSS, HMT LAYOUT, RT NAGAR, BENGALURU – 32.
(BY SRI.VISHWANATHA K., ADVOCATE) ...APPELLANTS AND:
1. MAHENDRA KUMAR, S/O KANCHI LINGAIAH, R/AT #25, MANGALA APARTMENTS, BEHIND BHAVANI STEEL TRADERS, 3RD CROSS, KHB MAIN ROAD, SULTANPALYA, BENGALURU – 32.
2. ICICI LOMBARD GIC LTD., NO.121, THE ESTATE BUILDING, 9TH FLOOR, DICKENSON ROAD, BANGALORE – 560 001.
(BY SRI.B.PRADEEP, ADVOCATE FOR R2) …RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2018 PASSED IN MVC NO.3087/2017, ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., MEMBER, MACT, MAYOHALL UNIT, BENGALURU (SCCH – 20), 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 Appellant - claimant and the learned Counsel appearing for the second 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized 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.55,000/- (Rupees Fifty Five 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 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 the 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 MBM