HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE RAGHVENDRA .S CHAUHAN & SMT. H.R. RENUKA, MEMBER M.F.A.No. 7757/2016(MV) (Lok Adalat No. 4023/2017) BETWEEN ICICI Lombard General Insurance Company Ltd., No.89, SVR Complex, Madivala, Hosur Main Road, Bengaluru-560 068.
Now Represented by its Manager, M/s. ICICI Lombard General Insurance Company Ltd., No.121, The Estate, 9th Floor, Dickenson Road, M.G. Road, Bangalore – 560 042. ... APPELLANT (BY SRI: H.N. KESHAVA PRASHANTH, ADVOCATE) AND 1. Sri. Bidya Bhushan Pathak, Now aged about 62 years, S/o Late Sukhdev Pathak.
2. Smt. Manju Pathak @ Manju Now aged about 50 years, W/o Bidya Bhushan Pathak.
Both are R/at Qtr No. D/56, Lafarge Colony, Gopalanagara Post, Janjgir Dist., Chattisgarh State-577 501.
3. Sri. Dipanjan Das, R/at Siddi Vinayaka Apartment, Flat No.804, SEC 65, Guragaon, Haryana – 110 037, (Owner of the Motor Cycle Reg. No.HR-26/BK-259). ... RESPONDENTS (BY SRI : N.R. RANGE GOWDA, ADVOCATE FOR R-1 & R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.08.2016 PASSED IN MVC NO. 1782/2014 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE & XXVIII ACMM AND MACT, BENGALURU.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER This appeal has been filed by the ICICI Lombard General Insurance Company Limited. The learned Counsel for the appellant – ICICI LOMBARD GENERAL INSURANCE CO. LTD. along with its representative and the learned Counsel for the claimants – respondent Nos.1 and 2 are present.
2. The learned Tribunal has granted compensation of Rs.80,38,826/- (Rupees Eighty Lakhs Thirty Eight Thousand Eight Hundred Twenty Six only) However, after prolonged negotiations, the matter is settled and both the parties have agreed to reduce the compensation from the above mentioned amount to Rs.72,00,000/- (Rupees Seventy Two Lakhs only). The appellant – Insurance Company has agreed to pay and the claimants - Respondent Nos.1 and 2 have agreed to receive the above said modified amount, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Insurance Company has deposited the statutory amount of Rs.25,000/- with this Court and has deposited 50% amount of Rs.80,38,626/- with the learned Tribunal. The statutory amount shall be transferred to the learned Tribunal by this Court and the remaining amount out of the agreed amount of Rs.72,00,000/- shall be deposited by the Insurance Company with the learned Tribunal within a period of Two 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. Apportionment of the modified compensation amount shall be made in accordance with the Judgment and Award passed by the Tribunal. Out of the total compensation amount of Rs.72,00,000/- which the claimants are entitled to, the learned Tribunal is directed to release 50% to each of the claimants on proper identification. Remaining 50% shall be kept in Fixed Deposit in the names of the claimants in any Nationalized / Scheduled Bank for a period of three years to be renewed annually, with liberty to withdraw the interest periodically.
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 Rbv Sd/- MEMBER