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 BETWEEN Kumari Suchitra, M.F.A.No.3192/2018 (MV) (Lok Adalat No.1069/2019) D/o Prabhu @ Prabhakar, Aged about 8 years, R/at Maralawadi Village, Post and Hobli, Kanakapura Taluk, Ramanagara District - 562 159.
Appellant being minor rep. by her Father and natural guardian Sri. Prabhu @ Prabhakar, S/o Sidda Shetty, Address: Suchitra, D/o Prabhu @ Prabhakar, No.135, Hullenahalli, Mandya Taluk & District. ... Appellant (By Sri. Girimallaiah, Advocate) AND 1. ICICI Lombard Motor Insurance Company Ltd., No.121, 9th Floor, Estate Building, Dickenson Road, M.G. Road, Bengaluru - 560 042.
2. Sri. Yejesh Pasha, S/o Asen Sab, Major, (age not known to the appellant), No.87, Dodda Maralawadi, 4th Block, Maralawadi, Kanakapura Taluk, Ramanagara District - 562 159. …Respondents (By Sri. H.N. Keshava Prashanth, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.09.2017 PASSED IN MVC NO.4111/2016 ON THE FILE OF THE XIX ADDL. SCJ & MACT, BENGALURU (SCCH-17), 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 first 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 (being authorized by the appellant to sign) and the learned advocate appearing for the first respondent – Insurance Company and its authorized officer is filed. The Appellant -Claimant has agreed to receive and the first Respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of minor appellant- claimant till she attains the age of majority and the guardian of the minor appellant is at liberty to withdraw the accrued interest periodically and remaining 50% shall be released in favour of guardian of the minor appellant, 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