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.7399/2017 (MV) (Lok Adalat No.2773/2019) BETWEEN 1. Smt. Magesh M @ Mageshwari, W/o Late Govindaswamy P, Aged about 37 years, 2. Shashikala G, D/o Late Govindaswamy P, Aged about 21 years, 3. Shivashankari G, D/o Late Govindaswamy P, Aged about 20 years, 4. Simran G, D/o Late Govindaswamy P, Aged about 17 years, 5. Naveen Kumar G, S/o Late Govindaswamy P, Aged about 13 years, 6. Smt. Chinnathayi, W/o Late Perumal, Aged about 76 years, Appellant Nos.4 & 5 are minors, They are rep. by their mother and Natural guardian the first appellant Viz., Smt. Magesh M @ Mageshwari All are R/at 10, Begur Road, Opp. to Masjid, Near Zee School, 2nd Cross, Haralakunte, Somasundrapalya, Bengaluru - 560 102. ... Appellants (By Sri. D.S. Sridhar, Advocate) AND 1. M/s ICICI Lombard General Insurance Co. Ltd., Rep. by its Manager, 9th Floor, The Estate 121, Dickenson Road, M.G. Road, Bengaluru - 560 042.
2. M/s G.M. Infinite Dwelling India Pvt. Ltd., Rep. by its Manager No.6, G.M. Pearl, 1st Stage, 1st Phase, BTM Layout, Bengaluru - 560 068. …Respondents (By Sri. B.C. Shivanne Gowda, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.06.2017 PASSED IN MVC NO.3202/2016 ON THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE, 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 Appellants - Claimants 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first Respondent - Insurance company and its authorized officer is filed. The Appellants - claimants have agreed to receive and the first Respondent - Insurance company has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakhs Fifty Thousand 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. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted 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 Sd/- MEMBER LL