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 RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 3014/2018 (MV) (Lok Adalat No. 589/2025) c/w M.F.A. CROB. No. 118/2020 (MV) (Lok Adalat No. 590/2025) In M.F.A. No.3014/2018: BETWEEN: The Manager, Shriram General Ins. Co. Ltd., No.41, AJ Chambers, Opp: Indian Oil Petrol Bunk, R.V. Road, Basavanagudi, Jayanagar, Bangalore-560 004, Now at Legal Manager, Shriram General Ins. Co. Ltd., No.5/4, 3rd Floor, S.V. Arcade, Belekalhalli Main Road, Opp. Bannerghatta Road, IIMB Post, Bangalore – 76. ...APPELLANT (By Sri. B. Pradeep, Advocate) 2 AND: 1. Shivaiah @ Shivayya, S/o Ramayya, Now aged about 33 years, R/at Lakkura Post, Lakkura, Dobbaspet, Bangalore-562 111. 2. Shanmugam M. S/o Murugesh, Major, R/at No.98, 7th Main, Narasipura Layout, Vidyaranyapura, Bangalore – 560 097. …RESPONDENTS (By Sri. Shripad V. Shastri, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 10.10.2022) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.02.2018 PASSED IN MVC NO. 6379/2016 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BANGALORE, AWARDING COMPENSATION OF RS.2,64,464/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL THE REALIZATION. In M.F.A. CROB. No.118/2020: BETWEEN: Sri. Shivaiah @ Shivayya S/o Mr. Ramayya, Aged about 35 years, R/at Lakkura Post, Lakkura, Dobbaspet, Bangalore – 562 111. ...CROSS. OBJECTOR (By Sri. Shripad V. Shastri, Advocate) 3 AND: 1. Mr. Shanmugam M. S/o Mr. Murugesh, No.19, 7th Main, Narasipura Layout, Vidyaranyapura, Bangalore – 97. 2. The Regional Manager, Shriram General Insurance Company, No.41, A.J. Chambers, Opp. To Indian Oil Petrol Bunk, R.V. Road, Basavanagudi, Bangalore – 04. …RESPONDENTS (By Sri. B. Pradeep, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 29.06.2022) MFA CROB. FILED UNDER ORDER 41 RULE 22 OF C.P.C. R/W SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 12.02.2018 PASSED IN MVC NO. 6379/2016 ON THE FILE OF THE IX ADDL. SMALL CAUSES AND ADDL. MACT (SCCH- 7), BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEAL AND MFA CROB. COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the respondent - Claimant is present. The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. 4 2. After prolonged negotiations, the matter is settled amicably. A joint memo signed by the learned advocate appearing for the respondent /claimant (being authorized by the respondent/claimant to sign) and the learned advocate appearing for the appellant-Insurance Company and its authorized officer is filed. The respondent - claimant has agreed to receive and the appellant - Insurance Company has agreed to pay a sum of Rs. 2,64,464/- (Rupees Two Lakhs Sixty Four Thousand Four Hundred and Sixty Four only) with interest at 6% p.a. from the date of petition till the date of deposit instead of Rs.2,64,464/- with interest @ 9% p.a. awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted. 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 and further, the amount in excess if any, shall be refunded to the Insurance Company. 4. The entire modified compensation amount shall be released in favour of the respondent – claimant, on proper identification. 5 5. Accordingly, MFA No. 3014/2018 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 MFA No.3014/2018, the connected MFA CROB. No. 118/2020 filed by the claimant is hereby disposed of. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER Rbv