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. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.7877/2015 (MV) (Lok Adalat No.2360/2019) BETWEEN 1. Smt. Radhabai, W/o N.R. Ramarao, Aged about 50 years, 2. N.R. Satishkumar, S/o N.R. Ramarao, Aged about 32 years, 3. N.R. Narasimha Rao, S/o N.R. Ramarao, Aged about 30 years, 4. Shanthamma, W/o N.R. Ramarao, Aged about 40 years, 5. Kiran Kumar, S/o N.R. Ramarao, Aged about 22 years, 6. Nalina, D/o N.R. Ramarao, Aged about 21 years, 7. Savithri Bai, W/o Late Rajarao, Aged about 82 years, Appellant Nos.1, 2, 3 & 7 are R/at Maharastra Beedi, Nelamangala Town, Bengaluru Rural Dist.
Appellant Nos.4, 5 & 6 are R/at Renukanagar, Basavanahalli, Nelamangala Taluk, Bengaluru Rural Dist. ... Appellants (By Sri Shripad V. Shastri, Advocate) AND 1. K.N. Manjunath, S/o A. Krishnappa, No.239/13, 23rd Main, 27th Cross, GKVK Judicial Layout, Near Indian Bakery, Bengaluru - 560 065.
2. The Manager, The ICICI Lombard General Insurance Co. Ltd., No.89, SVR Complex, Hosur Main Road, Madivala, Koramangala, Bengaluru.
3. M/s. Delhi Gujarat Fleet Carrier Pvt. Ltd., No.28/5-6, Opp: Ganga Petrol Pump, Samalkha, New Delhi - 110037.
4. The Regional Manager, The Oriental Insurance Co. Ltd., Regional Office, 44/45, Leo Shopping Complex, Residency Road Cross, PB No.25123, Bengaluru -25. …Respondents (By Sri. A.N. Krishnaswamy, Advocate for R.2, Sri. S.V. Hegde Mulkhand, Advocate for R.4, Notice to R.1 & 3 is d/w. v/o. dated 03.01.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2015 PASSED IN MVC NO.966/2013 ON THE FILE OF THE II ADDL. SMALL CAUSES JUDGE & XXVIII ACMM AND 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 and fourth Respondent - Oriental 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 and fourth Respondents - Insurance Companies and its authorized officer is filed. The Appellants - Claimants have agreed to receive and the second and fourth Respondents - Insurance Companies have agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy Thousand only) (in the ratio of 30% and 70%), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second and fourth Respondents - Insurance Companies have agreed to deposit the said amount in the ratio of 30% and 70% respectively 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 stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Mkm* Sd/- MEMBER