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. 5293/2023 (MV) (Lok Adalat No. 282/2025) c/w M.F.A. No. 6732/2023 (MV) (Lok Adalat No. 518/2025) In M.F.A. No.5293/2023: BETWEEN: 1. Rathnamma W/o Late Shankarappa, Aged about 45 years. 2. Shanthamma W/o Late Shankarappa, Aged about 40 years. 3. S. Sandeep S/o Late Shankarappa, Aged about 17 years. 2 4. Harsha S/o Late Shankarappa, Aged about 15 years. Appellant Nos.3 & 4 are Minors & Reptd. By their natural guardian/ Mother i.e. Appellant No.2. 5. Lakshamma @ Lakshmidevamma W/o Late Hanumanthappa, Aged about 75 years. All are R/o Dodduru Village, D.K. Halli Panchayath, Bangarpet Taluk. ...APPELLANTS (By Sri. H. Pavana Chandra Shetty, Advocate) AND: 1. Chand Pasha S/o Dasthagir Khan, Age: Major, R/o No.57/36, Tippu Nagara, Chamarajapete, Bengaluru – 560 018. 2. M/s. United India Insurance Co. Ltd., Suguna Nursing Home Complex, Near KSRTC Bus Stand, Antharagange Road, Kolar – 563 101, Rep. by its Manager. 3. Geetha W/o Ramachandra Reddy, Age: Major, No.37, N. Nasenahalli, Kothanur Post, Bengaluru-560 077. …RESPONDENTS (By Sri. T. Mohan Kumar, Advocate for R-2, Notice to R-1 & R-3 – d/w v.c.o. dated 05.06.2024) 3 MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.06.2023 PASSED IN MVC NO. 272/2018 ON THE FILE OF THE I ADDL. DISTRICT JUDGE & MEMBER, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. In M.F.A. No.6732/2023: BETWEEN: M/s. United India Insurance Co. Ltd., Suguna Nursing Home Complex, Near KSRTC Bus Stand, Antharagange Road, Kolar – 563 101, Rep. by its Regional Manager, United India Insurance Co. Ltd., T.P. Hub, 5th & 6th Floor, Krishi Bhavan, Nrupathunga Road, Bengaluru – 560 001. ...APPELLANT (By Sri. T. Mohan Kumar, Advocate) AND: 1. Smt. Rathnamma W/o Late Shankarappa, Aged about 45 years. 2. Smt. Shanthamma W/o Late Shankarappa, Aged about 40 years. 3. Master S. Sandeep S/o Late Shankarappa, Aged about 17 years. 4. Master Harsha 4 S/o Late Shankarappa, Aged about 15 years. 3 & 4 since Minors are rep. by their natural guardian - Mother Appellant No.2. 5. Smt. Lakshamma @ Lakshmidevamma W/o Late Hanumanthappa, Aged about 75 years. All are R/o Dodduru Village, D.K. Halli Panchayath, Bangarpet Taluk, Kolar Dist. – 563 114. 6. Sri. Chand Pasha S/o Dasthagir Khan, Major, R/a No.57/36, Tippu Nagara, Chamarajapete, Bengaluru – 560 018. 7. Geetha W/o Ramachandra Reddy, Major, No.37, N. Nasenahalli, Kothanur Post, Bengaluru-560 077. …RESPONDENTS (By Sri. H. Pavana Chandra Shetty, Advocate for R-1 to R-5) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.06.2023 PASSED IN MVC NO. 272/2018 ON THE FILE OF THE I ADDL. DISTRICT JUDGE & MEMBER, MACT, KOLAR, AWARDING COMPENSATION OF RS.17,90,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL THE REALIZATION. 5 THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled amicably. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 21,06,433/- (Rupees Twenty One Lakhs Six Thousand Four Hundred and Thirty Three only) (including interest) instead of Rs.17,90,000/- with interest awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted. 3. The Respondent - Insurance Company has already deposited a sum of Rs.8,95,000/- before the Claims Tribunal and has agreed to deposit the remaining amount of Rs.15,49,375/- before the Tribunal within six weeks from 6 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 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, MFA No. 5293/2023 filed by the appellants/claimants 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.5293/2023, the connected MFA No. 6732/2023 filed by the Insurance Company is hereby disposed of. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER Rbv