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 L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.4894/2018 (LOK ADALATH NO.2463/2019) BETWEEN:
1. SMT.SHYAMALAMMA W/O LATE MANJUNATH, AGED ABOUT 31 YEARS 2. MASTER VENUGOPAL S/O LATE MANJUNATH, AGED ABOUT 17 YEARS, SINCE MINOR REPRESENTED BY THROUGH 1ST APPELLANT/MOTHER NATURAL GUARDIAN, BOTH ARE RESIDING AT VARADAPURA VILLAGE, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT – 563 130. ... APPELLANTS (BY SRI.KAILAS SHANKAR P.S., ADV.) AND:
1. SRI.T.S.SATHISH S/O.T.V.SRINIVASU, MAJOR, R/O NEAR NANJAMMA HOSPITAL, MARUTHI EXTENSION, MALUR TOWN, KOLAR DISTRICT – 563 130.
2. THE ICICI LOMBARD GENERAL INSURANCE COMPANY, NO.121, 9TH FLOOR, THE ESTATE BUILDING, DICKSON ROAD, BEGNALURU – 560 001. ... RESPONDENTS (BY SRI.A N KRISHNA SWAMY, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.03.2018 PASSED IN MVC NO.3785/2017 ON THE FILE OF THE 3RD ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 for the Insurance Company along with its representatives and the learned counsel for the claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Entire enhanced award amount shall be released.
Sd/-
JUDGE akd Sd/-
MEMBER