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2025 DAILYLAW 29569 (KAR)

THE MANAGER CHOLAMANDALAM M.S. GENERAL INSURANCE CO LTD v. SMT. SHANTHAMMA

MFA/5423/2023 · 2025-03-08

Lok Adalath

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 5423/2023 (MV) (Lok Adalat No. 2146/2024) BETWEEN: The Manager, Cholamandalam M.S. General Insurance Co. Ltd., Unit No.4, 9th Floor (Level-6), Golden Heights Complex, 59th C Cross, Industrial Subrub, 4th M Block, Rajajinagar, Bangalore – 560 010. ...APPELLANT (By Sri. B. Pradeep, Advocate) AND: 1. Smt. Shanthamma W/o Venkateshappa, Aged about 50 years. 2. Venkateshappa S/o Late Chikkareddappa, Aged about 54 years. 2 3. Kum. Vaishnavi A.V. D/o Venkateshappa, Aged about 19 years. All are R/at Alahalli Village, Thyavanahalli Post, Kolar Taluk & District. 4. Syed Khateebullah S/o Late Meer Syed Ur Rehman, Aged about 42 years, R/at No.3217, Budikote Road Cross, Bangarapet Town, Kolar District – 563 114. …RESPONDENTS (By Sri. N. Gopalkrishna, Advocate for R-1 to R-3, Notice to R-4 – d/w v.c.o. dated 09.08.2023) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.12.2022 PASSED IN MVC NO. 4414/2020 ON THE FILE OF THE C/C XXII ADDL. SMALL CAUSES JUDGE & ACMM, MEMBER, MACT (SCCH-24), BENGALURU, AWARDING COMPENSATION OF RS.22,30,600/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Respondents - Claimants is present. The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. 3 2. After prolonged negotiations, the matter is settled amicably. 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 sum of Rs. 21,50,000/- (Rupees Twenty One Lakh Fifty Thousand only) with interest @ 6% p.a. from the date of petition till deposit instead of Rs.22,30,600/- with interest @ 6% p.a. awarded by the Claims 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. 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. The amount if any, deposited before this Court shall be 4 transferred to the Claims Tribunal and further, the amount in excess if any, shall be refunded to the Insurance Company. 5. 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 Rbv