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 M.F.A.No.6772/2016 (MV) (Lok Adalat No.2777/2019) BETWEEN Shivaprasad S/o Narayana Poojary, Aged about 33 years, R/of Genasina Kumeru House, Aryapu Village & Post, Puttur Taluk, Dakshina Kannada Dist - 574 201. ... Appellant (By Sri. Vishwanatha Poojary K, Advocate) AND 1. K. Anantha Bhat, S/o Late K. Keshava Bhat, Aged about 42 years, R/of D. No.118/2, Near Raktheshwary Temple, Neharu Naagara Puttur Taluk, Dakshina Kannada Dist. - 574 201.
2. The Manager, ICICI Lombard General Ins. Co. Ltd., Maximus Commercial Complex, 2nd Floor, Office No.C.22, Light House Hill Road, Hampankatta, Mangalore, Dakshina Kannada Dist. - 575 001.
3. Ravishankar, S/o Nangappa V.A, Aged about 42 years, R/of No.90-2, Bhagasha Varuna, Mysuru - 570 021.
4. C. Prasanna, Major, R/of No.764, “Ramakamal” 12th Main, Kamakshi Hospital Road, Kuvempunagar, Mysuru - 570 023.
5. The Manager, Oriental Insurance Co. Ltd., No.42/1 Chandra Complex, 1st Floor, Kalidas Road, V.V. Mohalla, Mysuru, Karnataka - 570 019. …Respondents (By Sri. A.N. Krishna Swamy, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2016 PASSED IN MVC NO.672/2015 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE, D.K, MANGALURU, SITTING AT PUTTUR, D.K, 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 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second Respondent - Insurance Company and its authorized 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.45,000/- (Rupees Forty-five 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 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 LL