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 M.F.A.No.5671/2018 (MV) (Lok Adalat No.112/2019) BETWEEN SRI. S. D. SWAMY DAS, S/O. DAS HEGDE, AGED ABOUT 53 YEARS, R/AT: 3/2, KAVERINAGARA THATAGUNI, KENGERI HOBLI, KANAKAPURA ROAD, BENGALURU-560 082 PERMANENT ADRESS:
NO.30, KOTHANUR MAIN ROAD, TCH COLLEGE ROAD, MUNESHWARA LAYOUT, HARINAGAR, ANJANAPURA, BENGALURU-560 062 ... APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND 1. ICICI LOMBORD MOTOR INSURANCE CO. LTD., NO.121, THE ESTATE, 9TH FLOOR, DICKENSON ROAD, M.G.ROAD, BENGALURU-560 042 BY ITS MANAGER 2. MR. CHETHANA S/O. VEERABADRAIAH, MAJOR CHERANAKUPPE VILLAGE, MALAGALU POST, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 159 ... RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O DTD:13.12.2018) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.03.2018 PASSED IN MVC NO.3133/2017 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER-MACT(SCCH-23), BENGALURU, 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.70,000/- (Rupees Seventy 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