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.10010/2018 (MV) (Lok Adalat No.2678/2019) SRI.NARASIMHAMURTHY, S/O N.K.RANGANATHAPPA, AGED ABOUT 17 YEARS, SINCE MINOR, REPRESENTED BY HIS NATURAL GUARDIAN MOTHER SMT. SARASWATHI, W/O N.K.RANGANATHAPPA, AGED ABOUT 29 YEARS, R/O NELADIMMANAHALLI, SIRA TALUK – 572 137, TUMAKURU DISTRICT.
(BY SRI.V.B.SIDDARAMAIAH, ADVOCATE) AND:
1. THE I.C.I.C.I. LOMBARD GENERAL INSURANCE CO. LTD., PRESTIGE CRONCHE, 62/1, 2ND FLOOR, RICHMOND ROAD, ...APPELLANT BANGALORE – 560 026. REPRESENTED BY ITS BRANCH MANAGER.
2. SRI.G.N.CHANDRASHEKAR, S/O NANJUNDAPPA, AGED ABOUT 49 YEARS, R/O NO.80, GANJALAGUNTE VILLAGE, KALLAMBELLA HOBLI, SIRA TALUK – 572 137, TUMAKURU DISTRICT.
(BY SRI.B.PRADEEP, ADVOCATE FOR R1;
…RESPONDENTS V/O DATED 19.12.2018 NOTICE TO R2 D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.10.2017 PASSED IN MVC NO.452/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND ADDITIONAL MACT, SIRA, 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.40,000/- (Rupees Forty 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