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.7228/2015 (MV) (Lok Adalat No.1107/2017) BETWEEN Sri Joseph Jayraj A., S/o Anthuraj & Jayraj, Aged about 37 years, r/at. No.387, Maragondanahalli, Bangalore – 560 036.
Postal Address:
No.24, Maragondanahalli Main Road, Anandapura Post, Bangalore – 560 036. ... Appellant (By Sri Lokesh Boovanahalli, Advocate) AND 1. The ICICI Lombard General Insurance Company Limited, Rep. by its Branch Manager, No.89, SVR Complex, 2nd Floor, Hosur Main Road, Madiwala, Bangalore – 560 068.
2. Rasheed M.K., Kunjumooideen, No.1001, Daddya, Elixir, Kammasandra Road, Near Fruit Market, Electronic City, Bangalore – 560 100. …Respondents (By Sri B.Pradeep, Advocate for R.1, v/o. dated 13.04.2016, notice to R.2 is d/w.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2014 PASSED IN MVC NO. 6342/2013 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES & XXVI ACMM (SCCH-09), 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 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.4,00,000/- (Rupees Four Lakh 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 deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal.
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