HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.2320/2014 (MV) (Lok Adalat No.711/2019) BETWEEN:
1. SRI.K.G.SUBBAPPA, S/O. LATE GURUMALLAPPA, AGED 52 YEARS, 2. NEELAMBIKA, W/O. K.G. SUBBAPPA, AGED 47 YEARS, 3. PALLAVI, D/O. K.G. SUBBAPPA AGED 22 YEARS.
THE APPELLANT NUMBER 1 TO 3 ARE R/O KOTHALAVADI VILLAGE, CHAMRAJANAGARA TALUK & DISTRICT, NOW RESIDING AT POST OFFICE ROAD, SRIRANGAPATNA-571 436.
(BY SRI. PRAMOD R, ADVOCATE) ...APPELLANTS AND:
1. SRINIVASA, S/O DODDASWAMY SHETTY, AGED 52 YEARS, R/O KALIDASA ROAD, H.D.KOTE TALUK, MYSURU DISTRICT-571 408.
2. THE BRANCH MANAGER, ICICI LOMBARD MOTOR INSURANCE, COMPANY LIMITED, NUMBER 204, MYTHRI ARCADE, KANTHARAJA URS ROAD, SARASWATHIPURAM, JAYANAGAR, MYSURU-571 408.
…RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2;
SRI. VEERABHADRA SWAMY H.P., ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3.12.2012 PASSED IN MVC NO.80/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND JMFC, SRIRANGAPATNA, 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 Appellants – claimants 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand 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 apportionment, 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 MBM SD/- MEMBER