HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER BETWEEN Harsha K V M.F.A.No.8082/2018 (MV) (Lok Adalat No.114/2019) S/o K V Venkateshmurthy Aged about 19 years R/a Kaidala Gate village Nonavinakere Hobli Tiputr Taluk, Tumkur District – 572201. ... Appellant (By Sri Gopalakrishna Murthy C, Advocate) AND 1. Sathisha K R S/o Renukaiah Aged about 38 years R/o #146, Kalkere Village Turuvekere Taluk Tumkur District-572227. (RC Owner of the vehicle TATA ACE bearing Regn. No.KA-44/5940) 2. The Manager ICICI Lombard General Insurance Co. Ltd., No.89, S.V.R. Complex 2nd Floor, Madivala (Near Ayyappa Temple) Hosur Main Road Bengaluru-560030 (Policy No.3003/TM-00241824/00/G00 valid from 14.7.2014 to 13.07.2015) ... Respondents (By Sri H N Keshava Prashanth, Advocate for R2 Notice to R1 is dispensed with V/o. dated 24.01.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.2.2018 PASSED IN MVC NO.973/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, 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 Co. Ltd., 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.2,00,000/- (Rupees Two lakhs 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 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 stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY