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2025 DAILYLAW 79275 (KAR)

SUSHEELA v. M/S ICICI LOMBARD GENERAL INSURANCE CO LTD

MFA/5016/2021 · 2025-04-24

Lok Adalath

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SRI. RAVI. S. SAMPRATHI, MEMBER M.F.A.No.5016/2021 (MV) (Lok Adalat No. 3014/2025) BETWEEN: SMT. SUSHEELA, W/O. SHIVA.D, AGED ABOUT 29 YEARS, R/AT. NO.222-2, D.K.HALLI, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 421. PRESENTLY RESIDING AT: NO.23, VAISHNAVI LAYOUT, VIDYARANYAPURA, BANGALORE CITY. ...APPELLANT (BY SRI. R. LAKSHMANA, ADVOCATE) AND: 1. M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD., BY ITS MANAGER, 2 NO.121, THE ESTATE BUILDING, 9TH FLOOR, DICKENSON ROAD, BANGLORE - 01. 2. SRI. VISHWANATHA.H.P, S/O. PRABHAKAR, R/AT. NO.44, OLD NO.37, 11TH MAIN, 2ND CROSS, MATHIKERE, BANGALORE - 54. 3. M/S. THE ORIENTAL INSURANCE CO. LTD., BY ITS MANAGER, NO.1444, 145, LEO SHOPPING COMPLEX, RESIDENCY ROAD, CROSS, M.G.ROAD, BANGALORE - 01. 4. B.N. SRINIVASA, S/O. NARAYANAPPA, NO.92/1, AHATHI NARAYANAPPA GARDEN, CHAMUNDESHWARI LAYOUT, VIDYARANYAPURA, CHIKKABETTAHALLI, BANGALORE - 97. …RESPONDENTS (BY SMT. HARINI SHIVANAND, ADVOCATE FOR R3, SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.02.2021 PASSED IN MVC NO. 3632/2018 ON THE FILE OF THE IV ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU CITY (SCCH-6), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 Respondents – Insurance Companies 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 advocates appearing for the respondents-Insurance Companies and their authorized officer is filed. The appellant-claimant has agreed to receive and the respondents-Insurance Companies have agreed to pay a lump-sum of Rs.2,06,000/- (Rupees Two Lakh Six Thousand Only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim (50% shall be paid by Respondent No.1 - ICICI Lombard General Insurance Co. Ltd., and 50% shall be paid by Respondent No. 3 - The Oriental Insurance Co. Ltd.,). 3. The Respondents - Insurance Companies have agreed to deposit the said amount before the Tribunal within six weeks from the date of 4 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 of 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 SHS