Sri Rajiv R vs Nirmala Mathew
2021 Latest Caselaw 6681 Kant

                              1

     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
              BEFORE THE MEGA LOK ADALAT

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF DECEMBER, 2021

                  CONCILIATORS PRESENT:

           THE HON'BLE MR. JUSTICE B. VEERAPPA
                             &
              SRI. M.N. UMASHANKAR, MEMBER

                    M.F.A.No.236/2021 (MV)
                  (Lok Adalat No.3045/2021)

BETWEEN
SRI RAJIV R
S/O RAJAGOPAL
AGED ABOUT 29 YEARS
RESIDING NO 118/7, 27TH CROSS,
PIPELINE ROAD, EJIPURA,
VIVEKNAGAR POST, NEAR SRIRAMA TEMPLE,
BANGALORE-560047
                                              ... APPELLANT
(BY SRI. KAILAS SHANKAR P.S., ADVOCATE)

AND
1.    NIRMALA MATHEW
      W/O MATHEW, E.D. MAJOR NO. A007,
      STERLING PARK APARTMENTS,
      KODIGEHALLI MAIN ROAD,
      SAHAKARANAGAR,
      BANGALORE-560092
                                      2

2.   THE MANAGER
     ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
     REGIONAL OFFICE, NO.89, 2ND FLOOR,
     S.V.R. COMPLEX, HOSUR MAIN RAOD,
     MADIVALA, BANGALORE-560068.
                                          ...RESPONDENTS

(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2)

MFA FILED U/S.173(1) OF THE MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.01.2020 PASSED IN MVC NO.1052/2015 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES C/c XXII ADDITIONAL SMALL CAUSE JUDGE AND ADDITIONAL MACT, BENGALURU, (SCCH-

24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant is

present. The learned Counsel appearing for the Respondent-Insurance

Company 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/claimant (being authorized by the appellant/claimant to sign)

and the learned advocate appearing for the respondent - Insurance

Company and its authorized officer is filed. The appellant-claimant has

agreed to receive and the respondent-Insurance Company has agreed to

pay a lump-sum of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand

only) in addition to what has been awarded by the Tribunal, in full and

final settlement of the claim.

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. The entire enhanced compensation amount shall be released in

favour of the appellant-claimant on proper identification.

5. This Miscellaneous First Appeal stands disposed off 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

NM/-