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:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.944/2018 (MV) (Lok Adalat No.3735/2019) SRI.MALLAPPA, S/O SABANNA, AGED ABOUT 36 YEARS, RESIDING AT NO.5, 5TH CROSS, NETHAJINAGARA, CHOKKASANDRA, BANGALORE (N), DASARAHALLI, BENGALURU – 560 057.
(BY SRI.GURUDEV PRASAD K.T., ADVOCATE) AND:
1. ICICI LOMBARD GENERAL INSURANCE CO. LTD., PRESTIGE CORNICHE, NO.62/1, 2ND FLOOR, RICHMOND ROAD, BENGALURU – 560 025.
BY ITS DIVISIONAL MANAGER.
...APPELLANT 2. MR.SRINIVASA RAO R., S/O RAMACHANDRA RAO, MAJOR, R/AT NO.59, 1ST PHASE, 1ST STAGE, 2ND CROSS, GOKULA, BENGALURU – 560 054.
…RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.11.2017 PASSED IN MVC NO.164/2016 ON THE FILE OF XXI A.C.M.M., AND XXIII ADDITIONAL SMALL CAUSES JUDGE AND M.A.C.T., AT BENGALURU (SCCH – 25), 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.45,000/- (Rupees Forty Five 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 MBM