Smt Sharadambike vs The Manager
2022 Latest Caselaw 4548 Kant

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 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

            BEFORE THE MEGA LOK ADALAT

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF MARCH, 2022

               CONCILIATORS PRESENT

        THE HON'BLE MR.JUSTICE B. VEERAPPA

                         AND

            SRI M.N. UMASHANKAR, MEMBER

                MFA No.3889/2020(MV)

              LOK ADALAT No. 497/2022
BETWEEN:

1. SMT. SHARADAMBIKE
W/O LATE B.P. KUMARASWAMY,
AGED ABOUT 44 YEARS,

2. YATHISH KUMAR,
S/O LATE B.P. KUMARASWAMY,
AGED ABOUT 24 YEARS,

3. GANGADHAR
S/O LATE B.P. KUMARASWAMY
AGED ABOUT 21 YEARS,

ALL ARE R/AT BASAVAPATTANA VILLAGE,
SOMAPURA HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT- 561 123.
                                         ...APPELLANTS
(BY SRI. P. MAHADEVA SWAMY, ADV.)
                                   2




AND:

1. THE MANAGER
ICICI LOMBARD GEN. INS. CO. LTD,
NO. 121, THE ESTATE BUILDING,
9TH FLOOR, DICKENSON ROAD,
BENGALURU- 560001

2. SRI. BASAVALINGA SWAMIGALU,
MAJOR, NO. 1, GURUVANNADEVARA MUTT,
BINNSTON GARDEN, CHICKPETE,
BENGALURU- 560 026
                                                   ...RESPONDENTS

(BY SRI B.C. SHIVANNE GOWDA, ADV. FOR R1)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2018 PASSED IN MVC NO.4254/2016 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL CAUSES (SCCH-13), BENGALURU, SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

The learned Counsel for the appellants - claimants, and

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 authorised by the appellant/s

/claimant/s to sign) and the learned advocate appearing for the

respondent-Insurance Company and its authorised officer is

filed. The appellants - claimants have agreed to receive and the

respondent - Insurance Company has agreed to pay a lumpsum

of Rs.4,00,000/-(Rupees Four Lakhs only) in addition to what

has been awarded by the Tribunal as 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 9% per annum from the date of

default, till the date of deposit.

4. Out of the entire enhanced compensation amount, a

sum of Rs.1,00,000/- each shall be kept in Fixed Deposit in any

nationalised / scheduled Bank, in the names of the appellant

Nos.2 and 3 / claimant Nos.2 and 3, for a period of three years

with liberty to the appellant Nos.2 and 3 /claimant Nos.2 and 3

to withdraw the accrued interest periodically. The remaining sum

of Rs.2,00,000/- shall be released in favour of the appellant No.1

- claimant No.1, on proper identification.

5. The Miscellaneous First Appeal stands disposed of in

terms of the Joint Memo. The Judgment and Award passed by

the Tribunal shall stand modified accordingly. Draw the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

sac*