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2025 DAILYLAW 23595 (KAR)

THE MANGER M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD v. SMT. SAVITHRAMMA

MFA/859/2022 · 2025-03-08

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE T M NADAF & MR. PAVANA CHANDRA SHETTY H, MEMBER M.F.A.No.859/2022 (MV) (Lok Adalat No.219/2025) BETWEEN: THE MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPURA RAJASTAN STATE – 302 022 M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.81/5, 2ND FLOOR, MUNNIRISH CHAMBER INFENTARY ROAD BANGALORE REP BY ITS MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., MOTOR CLAIMS HUB NO.5/4 3RD FLOOR, S V ARCADE BILAKAHALLI BANNERUGHATTA MAIN ROAD IIMB POST 2 BENGALURU REPTD BY ITS ASSIT. MANAGER …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1 . SMT. SAVITHRAMMA W/O LATE NARASAPPA AGED ABOUT 55 YEARS, 2 . LAKSHMIDEVI D/O LATE NARASAPPA AGED ABOUT 32 YEARS, 3 . SHIVARAJU S/O LATE NARASAPPA AGED ABOUT 30 YEARS, 4 . HANUMANTHARAYA W/O LATE NARASAPPA AGED ABOUT 55 YEARS, ALL ARE R/AT CHIKKA YELKUR VILLAGE I.D.HALLI HOBLI MADHUGIRI TALUK 5 . NAGARAJU S/O NANJEGOWDA AGED ABOUT 40 YEARS, R/AT NEAR CORDIAL SCHOOL RAGHAVENDRA EXTENSION MADHUGIRI TOWN TUMAKURU DISTRICT – 572 132 …RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE FOR R1 – R4) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 09.10.2017 PASSED IN 3 MVC NO.227/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MACT, MADHUGIRI, AWARDING COMPENSATION OF RS.8,33,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel appearing for the appellant – Insurance Company along with its representative are present. The learned Counsel appearing for the respondents – claimants is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondents – claimants have agreed to receive and the appellant - Insurance Company has agreed to pay a lump-sum of Rs.7,00,000/- (Rupees Seven Lakhs only) with interest at 6% p.a. from the date of petition till the date of deposit instead of Rs.8,33,000/- with interest @ 6% 4 p.a. awarded by the Tribunal, in full and final settlement of the claim. 3. The appellant - 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the Insurance Company. 4. Out of the modified compensation amount to be deposited by the Insurance Company, 25% of the total compensation amount is directed to be invested in Fixed Deposit in the name of the respondents – claimants in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the respondents – claimants to withdraw the interest periodically. The remaining 75% of the total compensation 5 amount is ordered to be released in favour of the respondents – claimants, 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 MH/-