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.3965/2015 (MV) (Lok Adalat No.5073/2016) BETWEEN Sri Manju P., S/o Puttamade Gowda, Aged about 30 years, r/at. 2nd Cross, Pipeline, KSRTC Depot Backside, Bhuvaneshwari Nagar, Kanakapura Town, Ramanagara District, Presently r/at.
C/o Ramakrishna, No.15, 6th Block, Police Quarters, Ananda Rao Circle, Bangalore – 9. ... Appellant (By Sri H.B.Somapur, Advocate) AND 1. M/s. ICICI Lombard General Insurance Co. Ltd., By its Manager, Cornice, No.62/1, 2nd Floor, Richmond Road, Bangalore – 25, Now it is shifted to M/s. ICICI Lombard General Insurance Co. Ltd., By its Manager, 2nd Floor, SVR Complex, No.89, Hosur Main road, Madivala, Koramangala, Bangalore – 68.
2. Sri Kiran Kumar K.S., s/o late Shylaradya K.N., major, No.14, Dubasi Palya, R.V.College Post, Bangalore – 59. …Respondents (By Sri B.C. Shivanne Gowda, Advocate for R.1, v/o. dated 28.10.2016, notice to R.2 is d/w.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2015 PASSED IN MVC NO. 3625/2012 ON THE FILE OF THE MACT & COURT OF SMALL CAUSES, BENGALURU, 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.1,50,000/- (Rupees One 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. Out of the enhanced compensation amount, Rs.50,000/- shall be kept in fixed deposit in any nationalized/scheduled bank in the name of the appellant for a period of three years with liberty to draw the accrued interest periodically. Remaining Rs.1,00,000/- 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 Mkm*