HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.145/2018 (MV) (Lok Adalat No.3737/2019) M NARAYANA REDDY S/O MUNISHAMI REDDY AGED ABOUT 62 YEARS RESIDING AT NO.50.
NARAYANAGHATT, HUSKUR CIRCLE NARAYANAGHATTA ANEKAL, BANGALORE URBAN.
(BY SRI. SREENIVASAIAH A., ADV.) AND:
1. B. VENKATESH REDDY S/O BHADRA REDDY NARAYANAGHATTA VILLAGE MUTHANALLUR POST, ANEKAL TALUK BANGALORE-560 099.
2. THE MANAGER ... APPELLANT ICICI LOMBARD GENERAL INSURANCE CO. LTD., 2ND FLOOR, SVR COMPLEX MADIWALA, HOSUR MAIN ROAD, BENGALURU-560068. (OLD ADDRESS) THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.121, THE ESTATE BUILDING 9TH FLOOR, DICKENSON ROAD BANGALORE-560 001.
(NEW ADDRESS) 4. NAMITHA K W/O LATE DEEPAK NO.27/1, NANDIDURGA ROAD M.M.ROAD, MUNIMARAPPA GARDEN BANGALORE-560 046.
4. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., 2ND FLOOR, SVR COMPLEX, MADIWALA, HOSUR MAIN ROAD, BENGALURU-560068.
(OLD ADDRESS) THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.121, THE ESTATE BUILDING 9TH FLOOR, DICKENSON ROAD BANGALORE-560 001.
(NEW ADDRESS) ... RESPONDENTS (BY SRI. H N KESHAVA PRASHANTH, ADV. FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 31.08.2017 PASSED IN MVC.NO.2206/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM AND MEMBER MACT, 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 Appellant - claimant 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.3,25,000/- (Rupees Three 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. Out of the enhanced compensation amount, 50% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant-claimant for a period of three years and he is entitled to withdraw the accrued interest quarterly and remaining 50% shall be released in his favour, 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 MBM