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 M.F.A.No.219/2018 (MV) (Lok Adalat No.2455/2019) BETWEEN Sri Hanumaiah, S/o late Kullaiah, Aged about 57 years, r/at. Kunur Village, Kasaba Hobli, Varalagallu Post, Kanakapura Taluk-562 117, Ramanagar District. ... Appellant (By Sri R.Lakshmana, Advocate) AND 1. M/s. ICICI Lombard General Insurance Company Limited, By its Manager, No.89, SVR Complex, 2nd Floor, Hosur Main Road, Madivala, near Ayyappa Temple, Bangalore – 560 068, Now shifted to ICICI Lombard GIC, No.121, The Estate Building, 9th Floor, Dickenson Road, Bangalore – 01.
2. Sri Siddaiah M., s/o Madaiah, No.42, Hulugondanahalli Village, Kanakapura Taluk – 562 117, Ramanagar District. …Respondents (By Sri H.N.Keshava Prashanth, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN MVC NO. 2743/2016 ON THE FILE OF THE XIII ADDL. JUDGE, COURT OF SMALL CAUSES AND MEMBER MACT, BENGALURU, 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 First 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 First respondent – Insurance Company and its authorized officer is filed. The Appellant -
Claimant has agreed to receive and the First Respondent - Insurance Company has agreed to pay a lump-sum of Rs.50,000/- (Rupees Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The First 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 Sd/- MEMBER Mkm*