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. ABHAY S. OKA, CHIEF JUSTICE & MR. UDAYA HOLLA, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO. 4155/2016 (MV)
(LOK ADALATH NO.2450/2019)
BETWEEN:
MOUMTIA DUTTA MUZUMDAR D/O MONOJIT DUTTA MAZUMDAR AGED 22 YEARS PRESENTLY R/AT LIVING SPACE, ROOM NO.114 NO.1693, 16TH MAIN, 5TH CROSS BANK COLONY, SREENIVASNAGAR BSK 1ST STAGE BANGALORE-560 050 PERMANENT ADDRESS:
BASERA APARTMENT SARODAPALLY, MEDICAL MORE P.O. KADAMTALA DISTRICT DARJEELING (W.B.) ... APPELLANT (BY SRI GURUDEV PRASAD K T, ADVOCATE) AND 1.SRI HEMANTHKUMAR V SINCE DECEASED BY VINAYA KUMAR S/O C.D. AGARWAL, MAJOR NO.9, 3RD FLOOR, 1ST D CROSS MANUVANA, VIJAYANAGAR BANGALORE-560 040 2.THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., SVR COMPLEX HOSUR MAIN ROAD MADIWALA BANGALORE-560 068 ... RESPONDENTS (BY SRI A N KRISHNASWAMY, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2016 PASSED IN MVC NO.4726/2014 ON THE FILE OF THE 21ST ADDITIONAL SMALL CAUSE JUDGE & 19TH ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE THE LOK ADALATH, 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. A joint memo signed by the learned advocate appearing for the appellant (being authorised by the appellant to sign), the learned advocate appearing for the second respondent –Insurance Company and its authorised 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.3,75,000/- (Rupees three lakhs seventy 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 the award failing which, the said amount shall carry interest @ 9% p.a. from the date of default till the date of deposit.
4. The Miscellaneous First Appeal is disposed of in terms of the settlement recorded in the joint memo of today’s date. The judgment and award of the Tribunal shall stand modified accordingly. There shall be an award in terms of the settlement. The entire enhanced compensation amount shall be released in favour of the appellant on proper identification.
Sd/- CHIEF JUSTICE Sd/- CONCILIATOR bkv