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 M.F.A.No.3399/2018 (MV) (Lok Adalat No.1067/2019) BETWEEN Srinivas @ Seena, S/o Late Lyyana, Aged about 60 years, R/at No.60, BDA Layout, G Block, L.R. Pura, Bengaluru - 84. ... Appellant (By Sri. Shripad V. Shastri, Advocate) AND 1. TJN Construction Pvt. Ltd., # 202, Raheja Chambers Museum Road, Bengaluru - 01 (RC Owner of car bearing Reg. No.KA-05-MR-7445) 2 ICICI Lombard General Insurance Co. Ltd., No.89, PVR Complex, Hosur Main Road, Madiwala, Bengaluru - 52. By its Manager.
(Insurance policy No.TIL10257379 Valid from 29.04.2015 to 28.04.2016) …Respondents (By Sri. B. Pradeep, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2017 PASSED IN MVC NO.2565/2016 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, 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.3,25,000/- (Rupees Three Lakhs Twenty-five 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 appellant – claimant for a period of three years with a liberty to withdraw the accrued interest periodically and the remaining amount of Rs.2,25,000/- 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