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. 3060/2017 (MV)
(LOK ADALATH NO.2475/2019)
BETWEEN:
SMT. RADHAMANI W/O NATARAJ AGED ABOUT 44 YEARS R/O HOUSING BOARD KUVEMPU NAGAR EXTENSION HASSAN DISTRICT-573201 ... APPELLANT (BY SRI CHETHAN B, ADVOCATE) AND:
1.SRI ANNAIAH S/O T THIMMASHETTY, MAJOR R/O SINGAPURA VILLAGE PALYA HOBLI ALUR TALUK HASSAN DISTRICT-573213 2.THE BRANCH MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., ICICI LOMBARD HOUSE NO.414, VEERASAVARKAR WAY NEAR SIDDIVINAYAKA TEMPLE PRABHADEVI MUMBAI-400025 ICICI LOMBARD GENERAL INSURANCE CO. LTD., OFFICE AT MYAGJMAS COMMERCIAL COMPLEX, L H H ROAD HAMPANAKATTE MANGALORE-575001 ... RESPONDENTS (BY SRI B C SHIVANNE GOWDA, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2016 PASSED IN MVC NO.148/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE THE LOK ADALATH AFTER BEING REFERRED BY THE COURT, 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.6,50,000/- (Rupees six 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 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