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.3187/2018 (MV) (Lok Adalat No.2140/2019) BETWEEN 1. Smt. Jagadeeshwari, W/o Late Tulasiram, Aged about 43 years, 2. Sandeep T, S/o Late Tulasiram, Aged about 28 years, 3. Shwetha T, W/o Shekara, D/o Late Tulasiram, Aged about 28 years, All are R/at No.147, II Main, 21st Cross, Agrahara Extension Yelahanka, Bengaluru - 64. ... Appellants (By Sri. Shripad V. Shastri, Advocate) AND 1. Seema R. Nichani, W/o Ramesh Kumar P, Flat No.16, Embassy Courts Apts, Kumara Park East, Cresent Road, Bengaluru - 01.
(RC Owner Motor Cycle Reg. No.KA-04-ML-3671) 2. ICICI Lombard General Insurance Co. Ltd., No.89, SVR Complex, Hosur Road, Madivala, Bengaluru - 68.
(IP No.3001/MI-03054665/00/000 Valid from 31.10.2015 to 30.10.2016) …Respondents (By Sri. A.M. Venkatesh, Advocate for R.2; Notice to R.1 d/w. v/o dt: 02.07.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2017 PASSED IN MVC NO.3786/2016 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent - ICICI Lombard General Insurance Company Limited 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent - Insurance company and its authorized officer is filed. The appellants - claimants have agreed to receive and the second respondent - Insurance company has agreed to pay a lump-sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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 appellants - 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