HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER M.F.A.No.4889/2018 (MV) (Lok Adalat No.2677/2018) BETWEEN Somappa @ Somashekhar S/o Mallappa @ Manjappa Aged about 27 years Occ: Agriculturist now nil R/o Kaidal Village/Post Davanagere Taluk and District – 577001. ... Appellant (By Sri R Shashidhara, Advocate) AND 1. Raghavendra S/o Ramachandraiah Major, R/o #11, Maruthi Nilaya 2nd Floor, Behind Sri Rama Bakery 2nd Stage, Peenya, Behind Last Bus Stop, Bangalore, Additional Address #6, 4th Cross, Rukmini Nagar Nagasandra, Bangalore-73 Driver of Maruthi Car bearing No.KA-02/MK-961.
2. Sheshamma W/o Madhusudhan Major, R/o #11, Maruthi Nilaya 2nd Floor, Behind Sri Rama Bakery 2nd Stage, Peenya, Behind Last Bus Stop, Bangalore-560 058 Owner of Car bearing No.KA-02/MK-961.
3. The Manager, M/s.ICICI Lumbard General Insurance Co. Ltd., Bellad and Company Complex 2nd Cross, Gokul Road, Hubli – 580 020. ... Respondents (By Sri A N Krishnaswamy, Advocate for R3;
Notice to R1 and R2 is dispensed with V/o. dated 05.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.8.2017 PASSED IN MVC NO.321/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MEMBER, MACT-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant- claimant and the learned Counsel for the Respondent - ICICI Lombard General Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump-sum of Rs.2,25,000/- (Rupees Two lakhs Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The 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 Judgment and Award passed by the Tribunal.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY