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 L.NARAYANA SWAMY & SRI.K.B.NAIK, MEMBER MISCELLANEOUS FIRST APPEAL NO.5734/2018 (LOK ADALATH NO.2467/2019) BETWEEN:
SRI.YASIN S/O.CHAND PASHA, AGED ABOUT 23 YEARS R/AT ANJANAPPA BUILDING, AMRUTHA HALLI, SAHAKARANAGARA POST, BENGALURU – 560 092 ... APPELLANT (BY SRI.KAILAS SHANKAR P.S., ADV.) AND:
1. GAILING BEGG S/O ABBAS BEGG M D-010 SHOBHA SAPPHIRE, AMRUTHAHALLI, BENGALURU – 560 092 2. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.121, THE ESTATE, 9TH FLOOR, DICKENSON ROAD, M G ROAD, BENGALURU – 560 001 ... RESPONDENTS (BY SRI.A.M.VENKATESH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.11.2017 PASSED IN MVC NO.7438/2016 ON THE FILE OF THE MEMBER, MACT, 16TH ADDITIONAL JUDGE, 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 for the Insurance Company along with its representatives and the learned counsel for the claimant are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company has agreed to pay a global sum of Rs.2,00,000/- (Rupees Two Lakhs Only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal stands modified. Draw up the Award accordingly.
Entire enhanced award amount shall be released.
Sd/-
JUDGE Sd/-
MEMBER akd