Gowtham S vs Icici Lombard General Insurance ...
2022 Latest Caselaw 4626 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.7760/2019(MV)

               LOK ADALAT No.879/2022

BETWEEN:

GOWTHAM S
S/O SRINIVAS
AGED ABOUT 9 YEARS
REPRESENTED BY HIS FATHER SRINIVAS
IS THE NATURAL GUARDIAN
R/AT NO 141, C/O BALAKRISHNAPPA
KUMBARA BEEDI, SHIVAKOTE,
NEAR GANGAMMA TEMPLE,
BANGALORE NORTH TALUK
BANGALORE - 89.
                                            ...APPELLANT
(BY SRI. SHRIPAD V. SHASTRY, ADV.)

AND:

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

POLICY ISSUED BY ITS BRANCH OFFICE
OF HOUSE NO 414, VEER SAVARKAR MARG
NEAR SIDHI VINAYAKA TEMPLE
PRABHADEVI MUMBAI - 400 034.

2. MR NARASIMHA MURTHY H M
S/O MUNI THIMMAIAH MAJOR
R/AT NO 610/2, VINAYAKA NAGARA
HESARAGHATTA BANGALORE NORTH TALUK
BENGALURU - 560 089.

                                               ...RESPONDENTS

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

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF THE M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.01.2019 PASSED IN MVC NO.7021/2017 ON THE FILE OF THE MEMBER, PRINCIPAL M.A.C.T. & CHIEF JUDGE, COURT OF SMALL CAUSES, 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 appellant - claimant, 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

appellant / claimant (being authorised by the appellant/claimant

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

Insurance Company and its authorised officer is filed. The

appellant - claimant has agreed to receive and the respondent -

Insurance Company has agreed to pay a lumpsum of

Rs.20,000/-(Rupees Twenty Thousand 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. The entire enhanced compensation amount shall be

released in favour of the appellant - claimant, 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*