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.8097/2018 (MV) (Lok Adalat No.2452/2019) BETWEEN Sri N.Diwakar, S/o K.Narayana Rao, Aged about 48 years, R/o No.170, 14th Main Road, Rajajinagar 1st Block, Bengaluru – 560 010. ... Appellant (By Sri Sathisha T., Advocate) AND 1. Sri Narendra V., S/o Venkatachalaiah, Major, r/o No.58, Old No.238, 3rd Cross, Jai Maruthi Nagar, Nandini Layout, Bangalore – 560 096, (RC Owner of the Motor Cycle No.KA-02/HA-7041) 2. ICICI Lombard General Insurance Company Limited, Office at No.121, The Estate Building, 9th Floor, Dickenson Road, Bangalore – 560 027.
Now residing at:
ICICI Lombard General Insurance Company Ltd., 9th Floor, Tanishq Building, M.G.Road, Bengaluru – 560 001. …Respondents (By Sri B.Pradeep, Advocate for R.2, v/o. dated 11.02.2019, notice to R.1 is d/w.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2018 PASSED IN MVC NO.2049/2017 ON THE FILE OF THE XXII ADDL. JUDGE, COURT OF SMALL CAUSES, BANGALORE, 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 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the Second respondent – Insurance Company and its authorized officer is filed. The Appellant - Claimant has agreed to receive and the Second Respondent - Insurance Company has agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy 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 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 Mkm*