Following negotiations, the matter was settled where the insurance company agreed to pay Rs. 14,00,000/- with 6% interest, modifying the tribunal's award and disposing of the Motor Accident Appeals.
Disposed of the M.F.A. No.8924/2015 and M.F.A. CROB. No.107/2019 based on the joint settlement memo agreeing to revised compensation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25th DAY OF JUNE 2022
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA
&
SRI. M.N. UMASHANKAR, MEMBER
M.F.A.No. 8924/2015 (MV) (Lok Adalat No. 1728/2022) C/w
M.F.A. CROB. No. 107/2019 (MV)
(Lok Adalat No. 1729/2022)
IN M.F.A. NO. 8924/2015:
BETWEEN
Legal Manager, ICICI Lombard GIC Ltd., #69, II Floor, SVR Complex, 2nd Floor, Hosur Road, Bangalore-68. ... APPELLANT
(By Sri. B. Pradeep, Advocate)
AND
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Respondent No.2 to 4 are since minor Rep. by their Natural Guardian Mother 1st respondent. All are R/at Kasimsab Palya, Gandhal Post, Chikkanayakanahalli Taluk, Tumkur District.
(By Sri. Muzaffar Ahmed, Advocate for R-1 to R-5)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2015 PASSED IN MVC NO. 439/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, C.J.M. AND MACT-III, CHITRADURGA, AWARDING COMPENSATION OF RS.14,52,500/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN M.F.A. CROB. NO. 107/2019:
BETWEEN
3
AND:
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Owner of the lorry bearing Reg. No.KA-01/D-5061, No.2/1, 4th Cross, M.D. Block, Sirisi Road, Chamarajpet, Bengaluru-560 018. … RESPONDENTS
(By Sri. B. Pradeep, Advocate for R-1)
THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND AWARD DATED 01.10.2015 PASSED IN MVC NO. 439/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, C.J.M. AND MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEKKING FOR ENHANCEMENT OF COMPENSATION.
THESE M.F.A. AND M.F.A. CROB. ARE COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The M.F.A. No.8924/2015 is filed by the Insurance Company and MFA
CROB No.107/2019 is filed by the Claimants. The learned Counsel appearing
for the respondents – Claimants is present through video conferencing/Physical Hearing. The learned Counsel appearing for the appellant – Insurance Company along with its representative are present.
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Award passed by the Claims Tribunal. The remaining compensation of
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Rs.5,00,000/- shall be kept in Fixed Deposit in their names in any Nationalized / Scheduled Bank, as per the apportionment made in the Judgment and Award passed by the Claims Tribunal for a period of three years with liberty to withdraw the interest periodically.
Sd/JUDGE
Sd/MEMBER
Rbv
Legal Manager, ICICI Lombard GIC Ltd.
Noorjan
Nageena Banu
Haseenabanu
Sajida Banu
Jahara Bi
B. Veerappa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
