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 L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER BETWEEN 1. K.Ashoka, M.F.A.No.2396/2018 (MV) (Lok Adalat No.2454/2019) S/o K.Mahabala Kambli, Aged about 55 years, 2. Smt. Latha A., W/o K.Ashoka, Aged about 49 years, 3. Sourabh A., S/o K.Ashoka, Aged about 25 years, All are residing at:
No.SB-2-42, Vijaya Enclave, Bannerghatta Road, Behind IIM, Bilekahalli, Bangalore – 560 076. ... Appellants (By Sri Sreenivasaiah A., Advocate) AND 1. Suresh N., S/o Nagarajan C., No.7, 2nd Main, Naganathapura, Electronic City Post, Bangalore – 560 100.
2. The Manager, ICICI Lombard General Insurance Company Limited, 2nd Floor, SVR Complex, Madiwala, Hosur Main Road, Bangalore – 560 027, (Old Address) The Manager, ICICI Lombard General Insurance Company Limited, No.121, 9th Floor, The Estate Building, Dickenson Road, Bangalore – 560 001, (New Address). …Respondents (By Sri B.Pradeep, Advocates for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.07.2017 PASSED IN MVC NO.145/2016 ON THE FILE OF THE VII ADDL.JUDGE, XXXII ACMM, COURT OF SMALL CAUSES, 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.4,25,000/- (Rupees Four Lakh Twenty-Five 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 Mkm* Sd/- MEMBER