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.879/2018 (MV) (Lok Adalat No.2414/2019) BETWEEN 1. Sri Krishnappa, Son of late Chikkanarasaiah, Aged about 63 years, Father of late Dhananjaya, 2. Smt. Gangamma, Wife of Sri Krishnappa, Aged about 58 years, Mother of late Dhananjaya, Both are r/at. # 10, Mangi Palya, Thippasandra Hobli, Magadi Taluk, Ramanagara District – 562 120.
3. Smt. Lakshmidevi, Wife of Sri Shivalingaiah, Sister of late Dhananjaya, Aged about 35 years, r/at. # 6, 7th Cross, Muneshwaranagara, Sunkadakatte, Bangalore – 560 091 And also residing at:
Sankighatta, Thippasandra Hobli, Magadi Taluk, Ramanagara District – 562 120.
4. Smt. Sowbhagya, Wife of Sri Dasegowda, Sister of late Dhananjaya, Aged about 21 years, r/at. Herur Village, Kunigal Taluk, Tumukur District - 572 130. ... Appellants (By Sri Y.K.Sheshagiri Rao, Advocate) AND 1. ICICI Lombard General Insurance Company Limited, SVR Complex, Hosur Main Road, Madiwala, Bangalore – 560 068.
2. Sri Bhairappa, Son of Mayanna, # 105, Chodripalya, Huliyurdurga, Kunigal Taluk, Tumkur District – 572 102. …Respondents (By Sri A.N.Krishnaswamy, Advocate for R.1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.02.2012 PASSED IN MVC NO. 3169/2011 ON THE FILE OF THE MEMBER, MACT, VIII ADDL. JUDGE, BANGALORE CITY, 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 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the First respondent – Insurance Company and its authorized officer is filed. The Appellants - Claimants have agreed to receive and the First Respondent - Insurance Company has agreed to pay a lump-sum of Rs.3,50,000/- (Rupees Three Lakh 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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed 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