HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. M.JYOTHI, MEMBER M.F.A.No.281/2017 (Lok Adalat No.3705/2017) BETWEEN SRI. ABHISHEK CHOUBEY S/O DINESH CHOUBEY AGED ABOUT 37 YEARS, RESIDING AT NO.1203 FLAT-201, 47TH CROSS 29TH MAIN, POORNAPRAJINA LAYOUT UTTARAHALLI SUBRAMANYAPURA BANGALORE-560 061 ... APPELLANT (By Sri. GOPAL KRISHNA N, ADV.) AND:
1. S R S TRAVELS NO.321, OPP: BMC KALASIPALYAM BANGALORE-560 061 REP. BY ITS PROPRIETOR SRI K.T.RAJASHEKAR 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.89, 2ND FLOOR, S.V.R. COMPLEX HOSUR MAIN ROAD, MADIWALA BANGALORE-560 068 REP. BY ITS MANAGER ... RESPONDENTS (By Sri. A. N. KRISHNA SWAMY, ADV. FOR R.2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.05.2016 PASSED IN MVC NO.2724/2015 ON THE FILE OF IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimant-appellant and the learned counsel for the Insurance Company 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.60,000/- (Rupees sixty 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 and the same shall be released in favour of the appellant.
4. 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 Mgn/-