HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B VEERAPPA & SRI M N UMASHANKAR, MEMBER M.F.A.No.5641/2019 (MV) (Lok Adalat No.3802/2019) BETWEEN:
RAJANNA @ RAJAPPA S/O LATE VENKATAPPA @ VENKATAIAH, AGED ABOUT 51 YEARS, NO.28, 18TH CROSS, SHIVAPURA, NELAGADARANAHALLI, BANGALORE RURAL - 560 073.
PERMANENT ADDRESS:
NO.24, ANKASANDRA, CHIKKANAYAKANAHALLI, TUMKUR DISTRICT.
(BY SRI. G.K. YOGESHA., ADV.) AND:
1. THE MANAGER M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, SVR COMPLEX, HOSUR MAIN ROAD, MADIWALA, BENGALURU-560 020.
2. SRI DADA SHARIFF D/O LATE HYDER SAHEB K.M, ... APPELLANT C/O JAYALAKSHMAMMA, 2ND FLOOR, 8TH MAIN ROAD, BYRAVESHWARA INDUSTRIAL ESTATE, VISHWANEEDAM POST, ANDRAHALLI MAIN ROAD, BENGALURU - 560 091.
(BY SRI. B. PRADEEP, ADV. FOR R.1) ... RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.02.2019 PASSED IN MVC.NO.4454/2014 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU (SCCH-11) 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 Appellant - claimant and the learned Counsel appearing for the first 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the first respondent- insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.90,000/- (Rupees Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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 entire enhanced compensation amount shall be released in favour of the appellant – claimant, 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 MBM