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2025 DAILYLAW 27562 (KAR)

THE CLAIM MANAGER v. VENKATESHAPPA

MFA/4738/2017 · 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.4738/2017 (MV) (Lok Adalat No.487/2025) C/W M.F.A.No.4469/2017 (MV) (Lok Adalat No.490/2025) IN MFA No.4738/2017: BETWEEN: THE CLAIM MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED, SITAPURA JAIPUR, RAJASTHAN SERVICE ADDRESS: THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED S.S.CORNER, III FLOOR, OPP: BOWRING HOSPITAL EAST SIDE, SHIVAJINAGAR, BANGALORE – 560 001 2 NOW AT: SHRIRAM GENERAL INSURANCE CO. LTD., 5/4, 3RD CROSS, S.V.ARCADE, BELAKANAHALLI MAIN ROAD, OPP: BANNERAGHATTA MAIN ROAD, II M.B.POST, BANGALORE – 560 076 BY ITS MANAGER …APPELLANT (BY SRI. O MAHESH, ADVOCATE) AND 1 . VENKATESHAPPA AGED ABOUT 63 YEARS, S/O HENJARAPPA, 2 . VENKATALAKSHMAMMA AGED ABOUT 28 YEARS, W/O LATE MANJUNATHA, 3 . KUM. VEENA AGED ABOUT 10 YEARS, D/O LATE MANJUNATHA, 4 . KUM. VANI AGED ABOUT 6 YEARS, D/O LATE MANJUNATHA 5 . LALITHAMMA AGED ABOUT 35 YEARS, D/O VENKATESHAPPA, 6 . RAMADEVI AGED ABOUT 33 YEARS, D/O VENKATESHAPPA, 7 . RAJESWARI AGED ABOUT 29 YEARS, 3 D/O VENKATESHAPPA, RESPONDENT NOS.3 AND 4 ARE MINORS, REPRESENTED BY NATURAL GUARDIAN MOTHER VENKATALAKSHMAMMA, RESPONDENT NO.2, RESPONDENT NOS.1 TO 4 ARE R/O BANDENAHALLI, I.D. HALLI HOBLI, MADHUGIRI TALUK - 572 132. RESPONDENT NOS.5 AND 6 ARE R/O GOWDANAHALLI, MADAJASURA TALUK, ANDRA PRADESH – 420 014 RESPONDENT NO.7 IS R/O SUBBARAYANAHALLI, PAEAGI MANDAL, HINDUPUR TALUK – 420 021 8 . JAYASHANKARAPPA AGED ABOUT 41 YEARS, S/O NARASAPPA, R/O ROLLA VILLAGE, MADAKASIRA TALUK, ANANTHAPURA DISTRICT, ANDRA PRADESH - 420 014. …RESPONDENTS (BY SRI. PATEL D KAREGOWDA, ADVOCATE FOR R1 TO R7; R8 - JAYASHANKARAPPA - SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.03.2017 PASSED IN MVC NO.180/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT XIII, MADHUGIRI, AWARDING COMPENSATION OF Rs.7,69,000/- ALONG WITH INTEREST AT 6% P.A. FROM THE DATE OF THE PETITION TILL THE DATE OF DEPOSIT. 4 IN MFA No.4469/2017: BETWEEN: 1 . VENKATESHAPPA AGED ABOUT 63 YEARS, S/O HENJARAPPA, 2 . VENKATALAKSHMAMMA AGED ABOUT 28 YEARS, W/O LATE MANJUNATHA, 3 . KUM. VEENA AGED ABOUT 10 YEARS, D/O LATE MANJUNATHA, 4 . KUM. VANI AGED ABOUT 6 YEARS, D/O LATE MANJUNATHA A-3 & A-4 ARE MINORS, REP BY MOTHER NATURAL GUARDIAN APPELLANT NO.2 5 . LALITHAMMA AGED ABOUT 35 YEARS, D/O VENKATESHAPPA, 6 . RAMADEVI AGED ABOUT 33 YEARS, D/O VENKATESHAPPA, 7 . RAJESWARI AGED ABOUT 29 YEARS, D/O VENKATESHAPPA, APPELLANT NOS.1 TO 4 ARE RESIDENTS OF BANDENAHALLI 5 I.D. HALLI HOBLI, MADHUGIRI TALUK APPELLANT NO.5 IS R/O GOWDANAHALLI, MADAKASIRA TALUK, ANANTHAPURA DISTRICT (ANDHRA PRADESH) APPELLANT NO.6 IS R/O GOLLAHALLI, PARAGI MANDAL, HINDUPUR TALUK (ANDHRA PRADESH) APPELLANT NO.7 IS R/O SUBBARAYANAHALLI PAEGI MANDAL, HINDUPUR TQ (ANDHRA PRADESH) …APPELLANTS (BY SRI. PATEL D KARE GOWDA, ADVOCATE) AND 1. JAYASHANKARAPPA AGED ABOUT 41 YEARS, S/O NARASAPPA, R/O ROLLA VILLAGE, MADAKASIRA TALUK, ANANTHAPURA DISTRICT, ANDHRA PRADESH 2. SHRIRAM GENERAL INSURANCE COMPANY LIMITED, SITAPURA, JAIPUR, RAJASTHAN 6 SERVICE ADDRESS: SHRIRAM GENERAL INSURANCE COMPANY LIMITED S.S.CORNER, III FLOOR, OPP: BOWRING HOSPITAL EAST SIDE, SHIVAJINAGARA, BENGALURU – 560 001 …RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R2; R1-JAYASHANKARAPPA - SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.03.2017 PASSED IN MVC NO.180/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT XIII, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 – 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 appellant - Insurance Company and its authorized officer and the learned advocate appearing for the respondents/claimants (being 7 authorized by the respondents/claimants to sign) is filed. The respondents – claimants have agreed to receive and the appellant -Insurance Company has agreed to pay a lump-sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) 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 parties are not entitled for any cost. 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. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 5. Accordingly, M.F.A.No.4738/2017 filed by the appellant – Insurance Company stands disposed of in terms of 8 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.4738/2017 filed by the appellant – Insurance Company, the connected M.F.A.No.4469/2017 filed by the respondents – claimants is hereby disposed of. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER MH/-