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2025 DAILYLAW 27589 (KAR)

THE CLAIM MANAGER v. VENKATALAKSHMAMMA

MFA/4737/2017 · 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.4737/2017 (MV) (Lok Adalat No.489/2025) C/W M.F.A.No.4000/2017 (MV) (Lok Adalat No.488/2025) IN MFA No.4737/2017: 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. NOW AT SHRIRAM GENERAL INSURANCE CO.LTD., 5/4, 3RD CROSS, S.V.ARCADE, BELAKANAHALLI MAIN ROAD 2 II M.B.POST BANGALORE - 560 076 BY ITS MANAGER. …APPELLANT (BY SRI. O MAHESH, ADVOCATE) AND 1 . VENKATALAKSHMAMMA AGE 28 YEARS, W/O LATE MANJUNATHA 2 . KUM. VEENA AGE 10 YEARS, D/O LATE MANJUNATHA 3 . KUM. VANI AGE 6 YEARS, D/O LATE MANJUNATHA 4 . VENKATESHAPPA AGE 63 YEARS, S/O HENJARAPPA, RESPONDENT NOS.2 AND 3 ARE MINORS REPRESENTED BY NATURAL GUARDIAN MOTHER VENKATALAKSHMAMMA ALL ARE R/O BANDENAHALLI I.D.HALLI HOBLI, MADHUGIRI TALUK - 572 132. 5 . JAYASHANKARAPPA AGE 41 YEARS, S/O NARASAPPA R/O ROLLA VILLAGE MADAKASIRA TALUK, ANANTHAPURA DISTRICT, ANDRAPRADESH - 420 014. …RESPONDENTS 3 (BY SRI. PATEL D KAREGOWDA, ADVOCATE FOR R1 TO R4; R5- 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.179/2014 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND MACT XIII MADHUGIRI, AWARDING COMPENSATION OF RS.11,91,000/- ALONG WITH INTEREST AT 6% P.A. FROM THE DATE OF THE PETITION TILL THE DATE OF DEPOSIT. IN MFA No.4000/2017: BETWEEN: 1 . VENKATALAKSHMAMMA AGED 28 YEARS, W/O LATE MANJUNATH 2 . KUM. VEENA 10 YEARS, D/O LATE MANJUNATH 3 . KUM. VANI 6 YEARS, D/O LATE MANJUNATH 4 . VENKATESHAPPA 63 YEARS, S/O HENJARAPPA, APPELLANT NOS.2 AND 3 ARE MINORS R/B, N/G MOTHER VENKATALAKSHMAMMA ALL ARE RESIDENTS OF BANDENAHALLI – 572 132 I.D.HALLI HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT …APPELLANTS 4 (BY SRI. PATEL D KAREGOWDA, ADVOCATE) AND 1 . JAYASHANKARAPPA 41 YEARS, S/O NARASAPPA, R/O ROLLA VILLAGE – 591 212 MADAKASIRA TALUK, ANANTHAPURA DISTRICT, ANDHRA PRADESH 2 . SHRIRAM GENERAL INSURANCE COMPANY LIMITED SITAPURA, JAIPUR, RAJASTHAN – 585 291 SERIVE 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.179/2014 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: 5 CONCILIATION ORDER The learned counsel appearing for the appellant – Insurance Company along with its representative is present. The learned counsel appearing for the respondents – claimants are 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.20,00,000/- (Rupees Twenty 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 6 of default, till the date of deposit. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 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.4737/2017 filed by the appellant – Insurance Company 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.4737/2017 filed by the appellant – Insurance Company, the connected M.F.A.No.4000/2017 filed by the respondents – claimants is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER MH/-