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 SHRI JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.2906/2017 (MV) (Lok Adalat No.2772/2019) BETWEEN:
ICICI Lombard General Insurance Company Ltd., ICICI Lombard House 414, Veerasavarkar Marg, Near Siddivinayaka Temple, Prabhadevi, Mumbai - 400 025.
Now rep. by its Manager, M/s ICICI Lombard General Insurance Company Ltd., No.121, The Estate, 9th Floor, Dickenson Road, M.G. Road, Bengaluru - 560 042. ... Appellant (By Sri. H.N. Keshava Prashanth, Advocate) AND:
1. Smt. Gangamma, W/o Late Hanumaiah Now aged about 43 years, 2. Bheemaraju, S/o Late Kenchaiah, Now aged about 46 years, 3. K. Nanjundaiah, S/o Late Kenchaiah, Now aged about 44 years, 4. Pandurangaiah, S/o Late Kenchaiah, Now aged about 42 years, 5. Gopalaiah, S/o Late Kenchaiah, Now aged about 40 years, 6. Shankariah, S/o Late Kenchaiah, Now aged about 38 years, All are R/of Dibarehalla Kaval, Nittur Hobli, Gubbi Taluk, Tumkur District.
7. Prabhuprasad P.G, S/o Gurumallappa, Now aged about 53 years, R/of Pura Village, Near Nittur Railway Station, Nittur Hobli. ... Respondents (By Sri. Shivananjaiah, Advocate for R.1 to R.6) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2017 PASSED IN MVC NO. 111/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT-17, GUBBI, AWARDING COMPENSATION OF RS.7,98,000/- WITH INTEREST @ 8% P.A. ON THE COMPENSATION FROM THE DATE OF PETITION TILL REALIZATION.
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 Respondent Nos. 1 to 6 - claimants 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 Respondent Nos. 1 to 6 - claimants (being authorized by the respondents to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The Respondent Nos.1 to 6 - claimants have agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.5,00,000/- (Rupees Five Lakhs only) instead of Rs.7,98,000/- with interest at 8% 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 entire modified compensation amount shall be released in favour of Respondent Nos. 1 to 6 - claimants proportionately, 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 LL