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 MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.2742/2015 (MV) (Lok Adalat No.2764/2019) BETWEEN:
M/s ICICI Lombard Company Ltd., Regional Office, # 89, II Floor, SVR Complex, Hosur Main Road, Madiwala, Bengaluru - 68.
Rep. by its Manager Legal ... Appellant (By Sri B.C. Shivanne Gowda, Advocate) AND:
1. Smt. Pushpa, W/o Gangumuniya, Major, Maruthinagara, Kamakshipalya, Bengaluru - 79.
2. S.R.S Travels, No.321/3, T.S.P Road, Opp. Bengalure Medical College, Kalasipalyam, Bengaluru - 02.
3. Jayadev Khanana, Major, Plat No.H76, Block H-63, KHB Colony, Basaveshwara Nagara, Bengaluru - 79. ... Respondents (By Sri. Rajashekar K, Advocate for R.1; Smt. Bhushani Kumar, Advocate for R.2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2014 PASSED IN MVC NO. 5179/2008 ON THE FILE OF THE MEMBER, MACT AND XX ADDL. SMALL CAUSES JUDGE, BENGALURU, AWARDING A COMPENSATION OF RS.1,48,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
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 Co. Ltd. and the learned Counsel appearing for the first Respondent - claimant 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 first Respondent - claimant (being authorized by the respondent to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The first Respondent - claimant has agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.1,25,000/- (Rupees One Lakh Twenty-five Thousand only) instead of Rs.1,48,000/- with interest at 6% p.a. awarded by the Tribunal, 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. The amount if any deposited before this Court shall be transferred to the jurisdictional Tribunal.
4. The 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 LL