1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE H T NARENDRA PRASAD & SRI. H PAVANA CHANDRA SHETTY, MEMBER M.F.A.NO. 4068/2023 (MV) (LOK ADALAT NO.4790/2025) BETWEEN ICICI LOMBARD GENERAL INSURANCE CO LTD NO.121 THE ESTATE 9TH FLOOR DICKENSON ROAD M G ROAD BANGALORE 560 042. REP BY ITS LEGAL MANAGER MR. ASHWIN ...APPELLANT (BY SRI KRISHNA KISHORE S ADVOCATE) AND 1 . SRI. R RAVI S/O SRI. RAMU SINCE DEAD BY LRS R1(a). SINCE DECLEARED REP. BY HIS MOTHER SMT. BHAGYAMMA W/O LATE RAMU AGED 70 YEARS 2 . KUM MANYATHA R AGED ABOUT 13 YEARS D/O SRI RAVI 2 3 . MASTER DARSHAN RAJ AGED ABOUT 11 YEARS S/O SRI RAVI. 4. SMT. DHANALAKSHMI W/O ‘NOT KNOW TO APPELLANT’ AGED ABOUT 51 YEARS. THE RESPONDENT 2 AND 3 ARE MINORS EARLIER REPRESENTED BY THEIR FATHER & NATURAL GUARDIAN AND HIS DEMISE AFTER THEY ARE REPRESENTED BY THEIR PATERNAL GRAND MOTHER SMT. BHAGYAMMA (R1a) AMENDMANT CARRIED OUT V/O DATED 15.04.2025 ALL ARE R/AT NO. 12, BDA COMPLEX NAGARABHAVI 2ND STATE, BANGALORE- 560072. SRI KEMPEGOWDA S/O MAYANNA SINCE DECEASED BY HIS LRS 5 . SMT PARVATHAMMA AGED ABOUT 48 YEARS W/O LATE KEMPEGOWDA 6 . SRI MOHAN AGED ABOUT 31 YEARS S/O LATE KEMPEGOWDA 7 . SMT SOWMYA AGED ABOUT 29 YEARS W/O LATE KEMPEGOWDA R5 TO R7 ARE R/AT MARKONHALLI VILLAGE AMRUTHURU HOBLI KUNIGAL TALUK, TUMKUR DISTRICT. 8 . SRI MANJUNATH MAJOR S/O KITTAPPA 3 R/AT NO.304, AMRUTHURU HOBLI KUNIGAL TALUK,TUMKUR DISTRICT …RESPONDENTS (BY SRI. RAKESH .H.D, ADVOCATE FOR R1(a), BY SRI. RUDRAPPA P, ADVOCATE FOR R4) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:15.12.2022 PASSED IN MVC NO.1314/2020 ON THE FILE OF THE SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-9), AWARDING COMPENSATION OF RS.32,95,900/- WITH INTEREST AT (9 PERCENT) 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF 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 through video conferencing/physical hearing. 2. After prolonged negotiations, the matter is settled in respect of 50% of the award amount. 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 4 parties have settled the matter for Rs.27,48,400/- (rupees Twenty Seven Lakhs Forty Eight Thousand and Four Hundred only) with interest @ 6% p.a. in full and final settlement of the claim. Out of that, the liability of the appellant/Insurance Company is only 50%, the Insurance Company has to pay Rs.16,56,118/- (Rupees Sixteen Lakhs Fifty Six Thousand One Hundred and Eighteen only). Out of that, the appellant/Insurance Company has deposited Rs.19,95,232/- (Rupees Nineteen Lakhs Ninety Five Thousand Two Hundred and Thirty Two only) before the Tribunal. The Tribunal is directed to refund a sum of Rs.3,39,114/- (Rupes Three Lakhs Thirty Nine Thousand One Hundred and Fourteen only) in favour of the appellant/Insurance Company. 3. Claimant Nos. 2 and 3 are children of the deceased and they are entitled for 30% each of the total award amount. Since they are minors, the said amount has to be deposited in a fixed deposit in any nationalized bank, till they attain majority. In respect of remaining 40% of the award amount, since the claimant No.1 died, his mother namely, Bhagyamma, W/o.Late 5 Ramu has come on record as the legal representative of deceased claimant No.1. The Tribunal is directed to release 40% of the award amount in favour of Smt.Bhagyamma after due verification. 4. 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 CM/-