HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER BETWEEN M.F.A.No.2653/2017(MV) (Lok Adalat No.7086/2017) SRI. MALLE GOWDA,. S/O. NAGARAJAPPA, AGED ABOUT 31 YEARS, R/AT KURUDI VILLAGE & POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT. ... APPELLANT (BY SRI. P. SHIVAKUMAR, ADVOCATE) AND 1. ICICI LOMBARD GENERAL INSURANCE CO LTD NO.121, 9TH FLOOR, THE ESTATE BUILDING, DICKENSON ROAD, BENGALURU-560 001 REP BY ITS MANAGER 2. MR. DAYANANDA G. R., S/O. RENUKAPPA, R/AT NO.153, JAKKANAHALLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN-562123. ... RESPONDENTS (BY SRI. B. C. SHIVANNE GOWDA, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O 12.12.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.10.2016 PASSED IN MVC NO.756/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant- claimant and the learned Counsel for the Respondent - ICICI Lombard General Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the 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. A joint Memo is filed on behalf of the parties to this effect.
3. The 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 stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY