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 SRI. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.2603/2018 (MV) (Lok Adalat No.2375/2019) BETWEEN 1. Smt. N. Pavithra, W/o Late P.M. Shankarananda, Aged about 25 years, 2. Master Harshith, S/o Late P.M. Shankarananda, Aged about 05 years, 3. Smt. Rathnamma W/o Late P.B. Muniyappa, Aged about 62 years, 2nd minor appellant is rep. by Natural guardian/ mother 1st appellant herein.
All are R/at No.218, Ward No.1, Rajiv Nagar, Malur Town, Kolar District. ... Appellants (By Sri. N. Gopalkrishna, Advocate) AND 1. Sri. M.S. Arun Kumar, S/o Subramanya Naidu, Major, R/at No.2, 19th B Cross, Muneswar Nagar, Ramamurthy Nagar, Bengaluru - 560 016.
2. The ICICI Lombard General Insurance Co. Ltd., No.121, 9th Floor, The Estate Building, Dickinson Road, Bengaluru - 560 001.
Rep. by its Manager …Respondents (By Sri. H.N. Keshava Prashanth, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2017 PASSED IN MVC NO.3023/2016 ON THE FILE OF THE I 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 Appellants - claimants and the learned Counsel appearing for the second 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 second respondent - Insurance company and its authorized officer is filed. The appellants - claimants have agreed to receive and the second respondent - Insurance company has agreed to pay a lump-sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty 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 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 enhanced compensation amount, Rs.1,25,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of minor appellant No.2 - claimant till he attains the age of majority and guardian of the minor appellant is at liberty to withdraw the accrued interest periodically and the remaining amount shall be released proportionately in favour of appellant Nos.1 and 3, on proper identification.
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