Karnataka High Court
Smt. Narsamma vs M/S Icici Lombard General Insurance ... on 14 July, 2018
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2018
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE B. VEERAPPA
&
SRI.M.N.UMASHANKAR, MEMBER
M.F.A.No. 6328/2017 (MV)
(Lok Adalat No. 6641/2017)
BETWEEN
1. Smt. Narasamma
W/o Late Doddaramaiah,
Aged about 53 years.
2. Kum. Lakshmi D.
D/o Late Doddaramaiah,
Aged about 22 years.
3. Master Suresh
S/o Late Doddaramaiah,
Aged about 22 years.
All are R/at Chadalapura Village,
Nandi Hobli, Chikkaballapura
Taluk and District - 562 101.
... APPELLANTS
(By Sri. A.S. Girish, Advocate)
2
AND
1. M/s. ICICI Lombard General Insurance Co. Ltd.,
No.99, 2nd Floor, SVR Complex,
Hosur Road, Bangalore-68,
By its Manager,
(Insurer of Motor Cycle bearing
No. KA-40/S-6034).
New Address:
ICICI Lombard General Insurance
Co. Ltd., No.121, The Estate
Building, 9th Floor, Dickenson Road,
Bangalore - 01.
2. Sri. H. Gururaj S/o Harishraj,
Major in age, R/at No.345,
D.V.D. Pet, Telephone Exchange Road,
Chikkaballapura Town,
Chikkaballapur Taluk and District - 562 101,
(Owner of Motor Cycle bearing
No.KA-40/S-6034).
... RESPONDENTS
(By Sri. B. Pradeep, Advocate for R-1, Notice to R-2 - d/w v.c.o. dated 05.12.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.06.2017 PASSED IN MVC NO. 335/2014 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE, DEVANAHALLI, BANGALORE RURAL DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants-appellants and the learned Counsel for the Respondent - ICICI Lombard General Insurance Co. Ltd. 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.3,00,000/- (Rupees Three Lakhs 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
4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by 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 mr