HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER M.F.A.No.2740/2012 (MV) (Lok Adalat No.4835/2017) BETWEEN 1. SMT. SUSHEELA KUMARI W/O G. JAYARAM @ JAYARAO @ JAYARAO GONA AGED ABOUT 27 YEARS 2. KUMARI G.J. SEREESHA D/O G. JAYARAM @ JAYARAO AGED ABOUT 8 YEARS 3. MASTER G.J.NELSON S/O G.JAYARAM @ JAYARAO AGED ABOUT 5 YEARS SINCE APPELLANTS NO.2 & 3 ARE MIONORS REPRESENTED BY MOTHER & GUARDIAN SMT. SUSHEELA KUMAR 4. SRI DEVA SAHAYAM GONA @ DEVA SAHAYAM S/O GONA DANIEL @ DENIEL AGED ABOUT 70 YEARS 5. SMT. KAMALAMMA GONA @ KAMALAMMA W/O DEVA SAHAYAM GONA @ DEVA SAHAYAM AGED ABOUT 57 YEARS ALL ARE RESIDING AT C/O SUSHEELAMMA 2ND MAIN ROAD, 2ND CROSS, BEHIND MASJID ROAD, WHITE FIELD, BANGALORE-560 066.
... APPELLANTS (By SRI. PRADEEP NAIK K., ADV.) AND 1. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, 2ND FLOOR, SVR COMPLEX, MADIWALA, HOSUR MAIN ROAD, BANGALORE.
2. SRI R.MAHENDRA S/O RAGHU RAO AGED MAJOR, R/AT NO.425/7, 6TH MAIN, 4TH CROSS, DODDABANASWADI, BANGALORE-560 043.
... RESPONDENTS (By SRI.H.N. KESHAVA PRASHANTH, ADV., FOR R1; R2-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.11.2011 PASSED IN MVC NO.5968/2010 ON THE FILE OF THE II ADDITIONAL JUDGE COURT OF SMALL CAUSES, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimants-appellants and the learned counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled.
The appellants-Claimants have agreed to receive and the Respondent- Insurance Company has agreed to pay a lump- sum of Rs.1,80,000/- (Rupees One Lakh Eighty 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. Apportionment, deposit and release of additional compensation amount among the claimants will be in the ratio of the award of the Tribunal.
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 PMR