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. ABHAY S. OKA, CHIEF JUSTICE & MR. UDAYA HOLLA, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO. 1131/2018 (MV)
(LOK ADALATH NO. 2464/2019)
BETWEEN:
1. SMT. VENKATAMMA W/O LATE MUNIYAPPA AGED ABOUT 53 YEARS 2.SRI POOVAPPA S/O LATE MUNIYAPPA AGED ABOUT 48 YEARS 3.SMT. SHARADHAMMA D/O LATE MUNIYAPPA AGED ABOUT 33 YEARS ALL ARE R/AT KUMBALAHALLI VILLAGE HOSAKOTE KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT-563 101 ... APPELLANTS (BY SRI VISHWANATHA K, ADVOCATE) AND 1.M/S. ICICI LOMBARD MOTOR INSURANCE COMPANY LIMITED NO.89, 2ND FLOOR, SVR COMPLEX NEAR AYYAPPA TEMPLE HOSUR MAIN ROAD, MADIVALA BENGALURU-560 068 2.K S MANJUNATH KAMMASANDRA VILLAGE HASIGALA POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT 3.NARAYANASWAMY S/O NANJAPPA KAMMASANDRA VILLAGE HASIGALA POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT ... RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R-1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2016 PASSED IN MVC NO.577/2014 ON THE FILE OF VII ADDITIONAL DISTRICT & SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE THE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel appearing for the appellants – claimants and the learned counsel appearing for the first respondent –Insurance Company along with its representative are present.
2. A joint memo signed by the learned advocate appearing for the appellants (being authorised by the appellants to sign), the learned advocate appearing for the first respondent – Insurance Company and its authorised officer is filed. The appellants –claimants have agreed to receive and the first respondent –Insurance Company has agreed to pay a lump sum of Rs.2,15,000/- (Rupees two lakhs fifteen thousand only) in addition to what has been awarded by the Tribunal in full and final settlement of the claim.
3. The first respondent –Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of the award failing which, the said amount shall carry interest @ 9% p.a. from the date of default till the date of deposit.
4. The Miscellaneous First Appeal is disposed of in terms of the settlement recorded in the joint memo of today’s date. The judgment and award of the Tribunal shall stand modified accordingly. There shall be an award in terms of the settlement. The entire enhanced compensation amount shall be released in favour of the appellants on proper identification.
Sd/- CHIEF JUSTICE Sd/- CONCILIATOR bkv