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.9732/2017 (MV) (Lok Adalat No.2775/2019) BETWEEN Smt. Jayamma, W/o Ramesh, Aged about 54 years, R/at No.118, 5th Main, Chinnayyanapalya, Adugodi Post, Bengaluru - 30. ... Appellant (By Sri. R. Lakshmana, Advocate) AND 1. Surag Gowda K.A, S/o Amar Narayana R/at No.53, Mosque Road Palace Guttahalli, Bengaluru - 3.
2. M/s KIDS Clinic India Pvt. Ltd., No.1533, 9th Main, III Block, Jayanagar, Bengaluru - 560 011.
3. M/s ICICI Lombard General Insurance Co. Ltd., By its Manager, No.89, 2nd Floor, SVR Complex, Hosur Main Road, Madivala, Near Ayyappa Temple, Bengaluru - 560 068.
Now shifted to:
ICICI Lombard GIC No.121, The Estate Building, 9th Floor, Dickenson Road, Bengaluru - 1. …Respondents (By Sri. A.M. Venkatesh, Advocate for R.3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.02.2016 PASSED IN MVC NO.3250/2014 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 Appellant - Claimant and the learned Counsel appearing for the third 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 Appellant - Claimant (being authorized by the appellant to sign) and the learned advocate appearing for the third Respondent - Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the third Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The third 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 the Appellant - Claimant, 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