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 L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER BETWEEN M.F.A.No.10279/2018 (MV) (Lok Adalat No.2451/2019) Sri Channabasappa Devuru @ Channabasu, S/o Sri Sagarappa @ Sagarappa Devuru, Aged about 31 years, R/o Hullikeri, Hulikera, Shorapura Taluk, Yadagiri District – 585 237. ... Appellant (By Sri Sathisha T., Advocate) AND 1. Sri Ramakrishna Gowda N.L., S/o Lakshman Gowda N.H., Aged as major r/o. No.1101, Sri M.Vishweshwaraiah Layout, 8th Block, Gidadakonenhalli, Benglauru – 560 091, (RC Owner of the Motor Cycle Bearing Reg.No.KA-41/EG-1988, 2. ICICI Lombard General Insurance Company Limited, No.121, The Estate Building, 9th Floor, Dickson Road, M.G.Road, Bangalore – 560 001. …Respondents (By Sri B.Pradeep, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.10.2018 PASSED IN MVC NO.2090/2017 ON THE FILE OF THE VIII ADDL. SMALL CAUSES JUDGE & MACT, BANGALORE, 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.1,00,000/- (Rupees One Lakh 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 Mkm* Sd/- MEMBER