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 SHRI JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER BETWEEN 1. Smt. Shilpa, M.F.A.No.6830/2015 (MV) (Lok Adalat No.2358/2019) W/o Late Ravikumar Aged about 25 years, 2. Master Vikranth, S/o Late Ravikumar, Aged about 05 years, 3. Ramachandrappa, S/o Muniyappa, Aged about 52 years, 4. Smt. Rathnamma, W/o Ramachandrappa, Aged about 42 years, 5. Master Vishwas, S/o Late Ravikumar, Aged about 03 years, Since appellant Nos.2 and 5 are minors, Rep. by their mother and natural Guardian - Smt. Shilpa, All are R/at Doddanallura Halli, Hoskote Taluk, Bengaluru Rural District - 562 114. ... Appellants (By Sri. A.S. Girish, Advocate) AND 1. Shree V.K.R. Engineering, No.31, Chennasandra Village, Ramaiah Colony, Avalahalli C.M. Road, Bengaluru - 56, By its Proprietor, (Owner of Lorry bearing Reg.No.KA-53-A-3519) 2. ICICI Lombard General Insurance Co. Ltd, No.89, SVR Complex, Hosur Main Road, Madivala, Bengaluru - 68, By its Manager, (Insurer of Lorry bearing No.KA-53-A-3519).
3. Neelamani Parmar, D/o Not known to appellants, Major in age, No.11, Reva Residency, 7th Main, 14th Cross, BTM 2nd Stage, Bengaluru - 76, (Owner of Car bearing No.KA-03-MA-8182). …Respondents (By Sri. B.C. Shivannegowda, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2015 PASSED IN MVC NO.908/2013 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, MEMBER, MACT-7, 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 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 Respondent - Insurance Company and its authorized 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.2,00,000/- (Rupees Two Lakhs 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 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 ratio adopted 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 Sd/- MEMBER LL