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 MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER BETWEEN Sri. Samiulla @ Mohammed Samiulla, S/o M.D. Amanulla, Aged about 31 years, M.F.A.No.3454/2018 (MV) (Lok Adalat No.1065/2019) R/at No.609, OPH Road, Behind Govt. School, Mahadevapura, Kadugodi Plantation, Kadugodi, Bengaluru - 560 067. ... Appellant (By Sri. Shripad V. Shastri, Advocate) AND 1. Sri. T.R. Vadiraja, S/o T.R. Ramamurthy, Major, No.109, Sri. Madhava Nilaya, 2nd Main, 1st Block, Vasantha Vallabha Nagar, Bengaluru - 560 061.
2. The Legal Manager, M/s ICICI Lombard General Insurance Co. Ltd., No.68, 2nd Floor, SVR Plaza, Hosur Main Road, Madiwala, Bengaluru. …Respondents (By Sri. H.N. Keshava Prashanth, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2017 PASSED IN MVC NO.5508/2015 ON THE FILE OF THE VII ADDL. SCJ & XXXII ACMM MEMBER, MACT-3, 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 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.2,69,000/- (Rupees Two Lakhs Sixty-nine 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. Out of the enhanced compensation amount, Rs.1,00,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant - claimant for a period of three years with a liberty to withdraw the accrued interest periodically and remaining amount of Rs.1,69,000/- shall be released in his favour, 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 LL