HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER BETWEEN M.F.A.No.2806/2018 (MV) (Lok Adalat No.2645/2018) 1. SMT. PUTTAMMA, W/O. LATE ASHWATHAPPA, AGED 41 YEARS 2. MADHUSUDHAN A., S/O. LATE ASHWATHAPPA AGED 22 YEARS 3. DINESH A., S/O. LATE ASHWATHAPPA, AGED 18 YEARS 4. SMT. NANJAMMA, W/O. LATE YALLAPPA, AGED 67 YEARS ALL ARE R/O. NO.16 NEAR ANUPAMA COLLEGE ANDRAHALLI MAIN ROAD, PEENYA II STAGE, BANGALORE-91. NOW RESIDING AT SOORANAGENAHALLI KODIGENAHALLI HOBLI, MADHUGIRI TALUK. ... APPELLANTS (BY SRI.PATEL D. KAREGOWDA, ADVOCATE) AND 1. MUNIRAJAIAH, S/O. RAMAIAH, AGED ABOUT 45 YEARS, R/O. NO.174, 5TH CROSS, VIDYAMANYA NAGAR, ANDHRAHALLI, BENGALURU-560 091.
2. MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., II FLOOR, PRAJA PRAGATHI BUILDING, BRANCH OFFICE, B. H. ROAD, TUMAKURU-572 501. ... RESPONDENTS (BY SRI. D. MANJUNATH, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD. 03.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.10.2017 PASSED IN MVC NO.1243/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT XIII, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellants-claimants and the learned Counsel for the Respondent - ICICI Lombard General Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellants - Claimants have agreed to receive and the Respondent – Insurance Company has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY