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.7733/2013 (MV) (Lok Adalat No.2751/2019) BETWEEN 1. Janardhanan Nair, S/o Late Achutan Nair, Aged about 68 years, 2. Smt. Sharadamma, W/o Janardhanan Nair, Aged about 61 years, Both are R/at Janaki Bhavan, Cheruthana Village, Ayaparamb Post, Karithika Palli Taluk, Alapuzha District, Kerala. ... Appellants (By Sri. Guruprasad B.R, Advocate) AND 1. Smt. Arul Mani, D/o Velayudhan, Aged about 44 years, R/of No.879, Ramaswamy Reddy Colony, Opp: MMC Factor, Vijayapura, Bengaluru - 16.
2. The ICICI Lombard Motor Insurance Co., Zeenath House, Keshava Rao Khande Road, Mahalaxmi, Mumbai - 400 034.
Rep. by its Manager …Respondents (By Sri. B..C. Shivanne Gowda, Advocate for R.2; Notice to R.1 d/w. v/o dt: 08.03.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2013 PASSED IN MVC NO.1050/2010 ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE & MEMBER, MACT, D.K., MANGALORE, 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.7,50,000/- (Rupees Seven 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 apportionment, deposit and release of the enhanced 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