HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K. NATARAJAN & SRI. K.P. YOGANNA, MEMBER M.F.A. No. 4757/2014 (MV) (Lok Adalat No. 456/2019) BETWEEN M/s. ICICI Lombard Gen. Ins. Co. Ltd., Regional Office, SVR Complex, 2nd Floor, Madiwala, Hosur Main Road, Bengaluru - 68, Rep. by its Legal Manager. … Appellant (By Sri. B.C. Shivannegowda, Advocate) AND:
1. N.B. Varungowda, S/o Balaraju, Now aged about 29 years, R/o No.44, 3rd Cross, Anubhavanagara, Nagarabhavi Road, Bengaluru - 72.
2. Dr. Manjunath S/o B.H. Muniraju, Major, R/of No.49, 2nd Main Road, Sampige Layout, Pattegarapalya Main Road, Bengaluru - 79. . . . Respondents (By Sri V. Javahar Babu, Advocate for C/R-1, Notice to R.2-d/w. v/o. dated 19.04.2017) THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2014 PASSED IN MVC.NO.389/2013 ON THE FILE OF THE II ADDL. SMALL CAUSES JUDGE AND XXVIII ACMM, BENGALURU, AWARDING COMPENSATION OF RS.24,96,182/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
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 - ICICI LOMBARD GENERAL Insurance Co. Ltd. along with its representative and the learned Counsel for the Respondent No.1 - claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Insurance Company has agreed to pay and the Respondent No.1 - Claimant has agreed to receive a sum of Rs.17,00,000/- (Rupees Seventeen Lakh only) with interest @ 6% p.a. from the date of claim petition till the date of payment, in full and final settlement of the claim as against the award of Rs.24,96,182/- with interest at 6% p.a. as granted by the Tribunal. A joint Memo is filed on behalf of the parties to this effect.
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 modified compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal. The amount if, any deposited before this Court shall be transferred to the 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