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 SHRI JUSTICE L. NARAYANA SWAMY & SRI K.B. NAIK, MEMBER BETWEEN Smt. Umadevi, W/o late B.S.Jagadish, Aged about 59 years, M.F.A.No.4123/2016 (MV) (Lok Adalat No.2459/2019) R/at. No.208, 60 feet Road, 1st Main, Thimmaiah Road, Shivanagar, Rajajinagar, Bangalore – 10. ... Appellant (By Sri R. Lakshmana, Advocate) AND 1. Shashank B.V., S/o B.Veerappa, Bharat Billa Flat no.101, No.330/13, 3rd Main, Domlur Layout, Bangalore – 71.
2. M/s. ICICI Lombard General Insurance Company Limited, By its Manager, No.89, SVR Complex, 2nd Floor, Hosur Main Road, Madivala, near Ayyappa Temple, Bangalore – 560 068, Now shifted to ICICI Lombard GIC No.121, The Estate Building, 9th Floor, Dickenson Road, Bangalore – 1. …Respondents (By Sri L.G.Associates, Advocates for R.1, Sri B.Pradeep, Advocate for R.2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2015 PASSED IN MVC NO.817/2015 ON THE FILE OF THE XXII ADDL. SMALL CAUSES JUDGE AND XX ACMM, 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.2,00,000/- (Rupees Two Lakh 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. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims 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 Mkm* Sd/- MEMBER