Poornima vs Krishnegowda
2021 Latest Caselaw 6742 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.2405/2019 (MV)
                  (Lok Adalat No.642/2021)

BETWEEN
1.    POORNIMA
      W/O JAYANNA
      AGED ABOUT 28 YEARS,

2.    SHASHANK
      S/O JAYANNA
      AGED ABOUT 7 YEARS

      SINCE THE PETITIONER NO.2 IS MINOR REPTD
      BY HIS NATURAL GUARDIAN MOTHER POORNIMA

3.    SHARADAMMA
      W/O KRISHNEGOWDA,
      AGED ABOUT 62 YEARS,
                               2

      ALL ARE RESIDING AT
      NEAR ROYAL APOLLO SCHOOL,
      3RD MAIN ROAD, 8TH CROSS,
      HEMAVATHINAGAR EXTENSION,
      HASSAN.
                                             ... APPELLANTS
(BY SRI. SHRIPAD V SHASTRI, ADVOCATE)

AND
1.    KRISHNEGOWDA
      S/O ANNEGOWDA
      TAVARADEVARA KOPPALU
      SALAGAME HOBLI,
      HASSAN TALUK,

2.    THE MANAGER
      ICICI LOMBARD GENERAL INS. CO. LTD.,
      ICICI HOUSE NO. 414, VEERASAVARKAR
      MARG, NEAR SIDDI VINAYAKA
      TEMPLE, PRABHADEVI
      MUMBAI.
                                             ...RESPONDENTS

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

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED01.02.2019 PASSED IN MVC NO.1891/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, 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 Appellants - Claimants 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

appellants/claimants (being authorized by the appellants/claimants to

sign) and the learned advocate appearing for the respondent - Insurance

Company and its authorized officer is filed. The appellants-claimants have

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

pay a lump-sum of Rs. 9,50,000/- (Rupees Nine Lakhs 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. Apportionment, deposit and release of the entire enhanced

compensation amount shall be made in terms of the judgment and award

passed by the claims tribunal.

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/-