HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.354/2017 (Lok Adalat No.4558/2017) BETWEEN SRI FAYAZ PASHA S/O SABAN S.A.M.
AGED ABOUT 50 YEARS R/AT NO.338/E-12 10TH CROSS, LEFT SIDE ROAD ILLIYAS NAGAR, BANGALORE – 70 ... APPELLANT (By SRI.A.S.GIRISH, ADV.) AND 1. SRI VARUN PRASAD B S/O BADARIPRASAD M.V. MAJOR IN AGE R/AT NO.30, 1ST MAIN 4TH PHASE, EAST TO KATRIGUPPE BSK 3RD STAGE, BANGALORE – 85 (OWNER OF MOTOR CYCLE NO.KA-05-HT-9976) 2. ICICI LOMBARD GENERAL INSURANCE CO., LTD., NO.86, SVR COMPLEX, HOSUR MAIN ROAD, MADIWALA, BANGALORE – 68.
NEW ADDRESS ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.121, THE ESTATE BUILDING 9TH FLOOR, DICKENSON ROAD, BANGALORE – 01.
BY ITS MANAGER (INSURER OF MOTOR CYCLE BEARING NO.KA-05-HT-9976) ... RESPONDENTS (By SRI.A.N.KRISHNASWAMY, ADV., FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.09.2016 PASSED IN MVC NO.2942/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE, & XX ACMM, MEMBER, MACT, BENGALURU, 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.1,80,000/- (Rupees one lakh eighty 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. Out of the enhanced compensation, 50% with proportionate interest shall be kept in fixed deposit in the name of the appellant in any nationalized bank for a period of 3 years with a liberty to draw the accrued interest periodically. The balance 50% with proportionate interest shall be released in favour of the appellant.
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 Mgn/-