HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.4119/2018 (MV) (Lok Adalat No.3742/2019) SHRI.VENKATARAJU, S/O LATE HANUMAIAH, AGED ABOUT 52 YEARS, R/AT ACHALLU VILLAGE, KAILANCHA HOBLI, RAMANAGARA TALUK AND DISTRICT.
(BY SRI.RAJU S., ADVOCATE) AND:
1. SHRI. VENKATARAMANAIAH, S/O THIMAPPA, AGE 50 YEARS, R/AT HALLIMARANAHALLI VILLAGE, GANNALLE POST, KANAKAPURA TALUK, ...APPELLANT RAMANAGARA TALUK AND DISTRICT – 572 159.
2. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED., S.V.R. COMPLEX, 2ND FLOOR, NO.89, HOSUR ROAD, BANGALORE – 560 068.
…RESPONDENTS (BY SRI.H.N.KESHAVA PRASHANTH, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2017 PASSED IN MVC NO.557/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AND MACT, RAMANAGARA, 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.55,000/- (Rupees Fifty 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. The entire enhanced compensation amount shall be released in favour of the appellant – claimant, 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 MBM