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 L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER BETWEEN Master Vishwath Sai, M.F.A.No.2923/2017 (MV) (Lok Adalat No.1051/2018) S/o Mr. Venkatesan C.K., aged about 07 years, r/at. No.C-106, HSR Trinity Apartments, Muneshwara Nagar, Garebhavi Palya, Bommanahalli, Bengaluru – 560 068, Since minor rep. by his father natural guardian Sri. Venkatesan C.K., S/o Kanakaraman, Aged about 36 years. ... Appellant (By Sri T.N.Viswanatha, Advocate) AND 1. M/s. ICICI Lombard General Insurance Co. Ltd., No.89, SVR Complex, 2nd Floor, Hosur Main Road, Madiwala, Bengaluru – 560 068.
2. Smt. Sangeetha Unnikrishnan K.R., W/o Unnikrishnan K., R/at. No.222, Sri Vinayaka Layout, 5th Cross, 3rd Main Road, Shettyhalli, Chikkabanavara, Bengaluru – 560 090. …Respondents (By Sri B.Pradeep, Advocate for R.1, Sri Mohammed Sheriff, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2016 PASSED IN MVC NO.2335/2015 ON THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE 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 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.85,000/- (Rupees Eighty Five 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. Since the appellant is minor, the entire enhanced compensation amount shall be kept in fixed deposit in any nationalized/scheduled bank in the name of minor appellant till he attains the age of majority with a liberty to the guardian of appellant to draw the 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 Mkm* Sd/- MEMBER