Mr Geo Jose C vs Icic Lombard General Insurance Co ...
2021 Latest Caselaw 6718 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.4629/2019 (MV)
                 (Lok Adalat No.2807/2021)

BETWEEN
MR GEO JOSE C
S/O C A JOSE,
AGED ABOUT 32 YEARS,
R/AT NO.4B/61, 2ND CROSS,
CHIKKANAHALLI ROAD,
KAVERINAGAR,
HONGASANDRA,
BANGALORE 68.
                                             ... APPELLANT
(BY SRI. SHRIPAD V SHASTRI, ADVOCATE)

AND
1.    ICICI LOMBARD GENERAL INSURANCE
      CO. LTD., PRESTIGE CORNICHE,
      NO.62/1, 2ND FLOOR,
      RICHMOND ROAD,
      BANGALORE-25.
                              2

     POLICY ISSUED BY ITS
     BRANCH OFFICE AT HOUSE NO.414,
     VEER SAARKAR MARG,
     NEAR SIDHI VINAYAKA TEMPLE,
     PRABHADEVI,
     MUMBAI 400034

2.   MR.RAGHAVENDRA
     MAJOR, R.AT 10/56/2
     NEAR MICO WATER TANK,
     HONGASANDRA ROAD,
     GAREBHAVIPALYA,
     BENGALURU.

     ALSO
     N.RAGHAVENDRA,
     S/O NAGARAJ, R/AT NO.12/1,
     FLAT NO.9,
     AKSHAYA APARTMENT,
     50 FEET ROAD,
     AKASHAYA NAGAR,
     BENGALURU 560068
                                            ...RESPONDENTS

(BY SRI. B. PRADEEP, ADVOCATE FOR R1)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED12.02.2019 PASSED IN MVC NO.8360/2016 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), 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. 50,000/- (Rupees Fifty 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/-