HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.8217/2012 (MV) (Lok Adalat No.5032/2017) BETWEEN MR. JULIUS VIVIAN PEREIRA S/O LATE R.J. PEREIRA AGED ABOUT 68 YEARS R/AT MONICA GARDEN LOWER BENDOOR, KANKANADY, MANGALORE. D.K.
PIN-575 007.
... APPELLANT (By SRI. G. RAVISHANKAR SHASTRY, ADV.) AND 1. MR. JAGADISH SHETTY S/O SUNDAR SHETTY AGED ABOUT 37 YEARS R/AT DOOR NO.1-62, PARARI HOUSE, KOILA POST, BANTWAL TLAUK, D.K. DISTRICT. PIN-574 219.
2. ICICI LOMBARD MOTOR INSURANCE CO. LTD., OFFICE AT: ZENITH HOUSE, KESHAVRAO KHADE MARG, OPP: RACE COURSE, MAHALAXMI, MUMBAI.
REPARESENTED BY ITS MANAGER. PIN-400 034.
... RESPONDENTS (By SRI. B. PRADEEP, ADV., FOR R2 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.3.2012 PASSED IN MVC NO.891/2010 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, & MEMBER, MACT, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellant-Claimant has agreed to receive and the Respondent- Insurance Company has agreed to pay a lump- sum of Rs.68,000/- (Rupees Sixty Eight thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The 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 and the same shall be released in favour of the appellant.
4. 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 PMR