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. 6666/2018 (MV)
(LOK ADALATH NO.2480/2019)
BETWEEN:
1.NANDINI. S W/O LATE VENKATESH NOW AGED ABOUT 27 YEARS 2.BABY PRAGATHI V D/O LATE VENKATESH NOW AGED MINOR 3.NAGAPPA S/O MUNISWAMY NOW AGED ABOUT 51 YEARS 4.KAVERAMMA W/O NAGAPPA NOW AGED ABOUT 49 YEARS 5.MUNIRAJU S/O NAGAPPA NOW AGED ABOUT 31 YEARS PETITIONER NO.2 IS SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER I.E., APPELLANT NO.1 APPELLANT NOS.1 & 2 ARE R/AT FLAT NO.F-2 CENTRAL EXCISE CUSTOMS QUARTERS BTM LAYOUT, 2ND STAGE BOMMANAHALLI BANGALORE-560068 APPELLANT NOS. 3 TO 5 ARE R/AT NO.1214, DODDATHODURU ELECTRONIC CITY BANGALORE SOUTH BANGALORE-560 100 ... APPELLANTS (BY SRI RANGEGOWDA N R, ADVOCATE) AND 1.K N VINOD KUMAR S/O M NARAYANA REDDY AGED MAJOR, R/AT NO.1517 SRI VENKATESHWARA NILAYA BOMMANAHALLI, MADIWALA POST BANGALORE-560 068 2.ICICI LOMBARD GENERAL INSURANCE CO.LTD., 9TH FLOOR, TANISHKA BUILDING NEXT TO MANIPAL CENTER M.G.ROAD BENGALURU-560 001 ... 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 27/06/2018 PASSED IN MVC NO.2440/2017 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES & MACT (SCCH-16), 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 appellants – claimants 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 appellants (being authorised by the appellants to sign), the learned advocate appearing for the second respondent –Insurance Company and its authorised 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.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 appellants on proper identification.
Sd/- CHIEF JUSTICE Sd/- CONCILIATOR bkv