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 Master Sathish, S/o Sri. Shivanna P, Aged about 14 years, R/at Biliganakuppe Thattekere Post, Maralawadi Hobli, Kanakapura Taluk, Ramanagara District.
M.F.A.No.3627/2018 (MV) (Lok Adalat No.1068/2019) Appellant being minor rep. by his Father and natural guardian Sri. Shivanna, S/o Puttaswamaiah. ... 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. Mallesh, S/o Muddegowda, Major, (age not known to the appellant), No.8, Biliganakuppe, Maralawadi, Hobli, Kanakapura Taluk, Ramanagara District - 562 121. …Respondents (By Sri. B. Pradeep, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2018 PASSED IN MVC NO.3921/2016 ON THE FILE OF THE XXI ACMM & XXIII ADDL. SMALL CAUSES JUDGE, 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 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.50,000/- (Rupees 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 entire enhanced compensation amount shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of minor appellant-claimant till he attains the age of majority and the guardian of the minor appellant is at liberty to withdraw the accrued interest periodically.
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