HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 1100/2017 (MV) (Lok Adalat No. 404/2019) BETWEEN The Manager, ICICI Lombard Gen. Ins. Co. Ltd., No.121, The Estate Building, 9th Floor, Dickenson Road, M.G. Road, Bengaluru - 01. … Appellant (By Sri. B.Pradeep, Advocate) AND:
1. Yashoda, W/o Late Krishnegowda, Now aged about 41 years, 2. Chitra K, D/o Late Krishnegowda, Now aged about 23 years, 3. Shruthi, D/o Late Krishnegowda, Now aged about 23 years, All are R/at Bandiputtashaettara Beedi, Megalabeedi, Kanakapura Town, Ramanagar Dist. - 571 511.
4. N. Mukunda Reddy, S/o Narayana Reddy, Major, R/at No.9/A, Hebbagodi, Anekal, Bengaluru - 99. . . . Respondents (By Sri Murali M, Advocate for R.1 to R.3, Sri. Suresh S.M, Advocate for R.4) THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2016 PASSED IN MVC.NO.236/2014 ON THE FILE OF THE X ADDL. JUDGE, COURT OF SMALL CAUSES (SCCH-16), BENGALURU, AWARDING COMPENSATION OF RS.13,87,548/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellant - ICICI LOMBARD GENERAL Insurance Co. Ltd. along with its representative and the learned Counsel for the Respondent Nos.1 to 3 - claimants are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Insurance Company has agreed to pay and the Respondent Nos.1 to 3 - Claimants have agreed to receive a sum of Rs.11,87,548/- (Rupees Eleven Lakh Eighty-seven Thousand Five Hundred and Forty-eight only) with interest @ 6% p.a. instead of Rs.13,87,548/- with interest at 9% p.a. 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 Appellant - 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 modified compensation amount, 25% to be allotted in favour of respondent No.1 - wife and remaining 75% shall be allotted to respondent Nos. 2 and 3 - daughters equally. Out of the share amount of respondent No.1, 50% shall be kept in fixed deposit in any Nationalised/ Schedule Bank in her name for a period of three years with liberty to withdraw the accrued interest periodically and remaining 50% shall be released in her favour on proper identification. The entire share amount of respondent Nos.2 and 3 shall be released in their favour equally for their marriage purpose, on proper identification. The amount if any deposited before this Court shall be released in favour of respondent Nos. 1 to 3 with interest.
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