SHASHIKUMAR v. SRIRAM GENERAL INSURANCE COMPANY LTD
MFA/6317/2021 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23974 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23974 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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.6317/2021 (MV) (Lok Adalat No.49/2025) C/W M.F.A.No.2059/2020 (MV) (Lok Adalat No.48/2025) IN MFA No.6317/2021:
BETWEEN:
SHASHIKUMAR S/O MUTHAPPA NOW AGED ABOUT 35 YEARS, R/AT NADAPINAYAKANHALLI NAGAMANGALA POST, CHIKKABALLAPURA KARNATAKA …APPELLANT (BY SRI. RANGEGOWDA N R, ADVOCATE)
AND
1 . SRIRAM GENERAL INSURANCE COMPANY LTD., S-5, 3RD FLOOR, MONARCH CHAMBER, INFANTRY ROAD, BENGALURU
2 2 . RAJU N S/O NANJUNDAPPA R/AT NO.37, 4TH CROSS, MUNISANJEEVINI LAYOUT, JARAGANAHALLI, J P NAGAR POST BENGALURU – 560 076 …RESPONDENTS (BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE FOR R1;
VIDE COURT ORDER DATED 05.04.2023, NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.10.2019 PASSED IN MVC NO.3230/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No.2059/2020:
BETWEEN:
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., S-5, 3RD FLOOR, MONARCH CHAMBER, INFANTRY ROAD, BENGALURU NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.3/5, 3RD FLOOR, S.V.ARCADE BILEKAHALLI MAIN ROAD, OFF BANNERUGHATTA ROAD, IIM POST BANGALORE – 576 302 …APPELLANT (BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE)
3 AND
1 . SHASHIKUMAR S/O MUTHAPPA NOW AGED ABOUT 35 YEARS, R/AT NADAPINAYAKANHALLI NAGAMANGALA POST, CHIKKABALLAPURA KARNATAKA 2 . RAJU N S/O NANJUNDAPPA R/AT NO.37, 4TH CROSS, MUNISANJEEVINI LAYOUT, JARAGANAHALLI, J P NAGAR POST BENGALURU – 560 076
(BY SRI. RANGEGOWDA N R, ADVOCATE FOR R1)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.10.2019, PASSED IN MVC NO.3230/2015, ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH- 4), AWARDING COMPENSATION OF RS.15,01,000/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL 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 respondent No.1 – Insurance Company along with its representative are present. 4
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 advocate appearing for the respondent No.1 – Insurance Company and its authorized officer is filed. The appellant – claimant has agreed to receive and the respondent No.1 – Insurance Company has agreed to pay a lump-sum of Rs.2,00,000/- (Rupees Two Lakhs only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The respondent No.1 – 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. 5
4. The entire enhanced compensation amount shall be released in favour of the appellant/claimant, on proper identification. 5. Accordingly, M.F.A.No.6317/2021 filed by the appellant – claimant stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A.No.6317/2021 filed by the appellant – claimant, the connected M.F.A.No.2059/2020 filed by the respondent No.1 – Insurance Company is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE
Sd/- MEMBER
MH/-