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.8688/2022 (MV) (Lok Adalat No.347/2025) C/W M.F.A.No.5659/2023 (MV) (Lok Adalat No.362/2025) IN MFA No.8688/2022: BETWEEN: THE BRANCH MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD OFFICE AT NO.302, 3RD FLOOR, S & S CORNER BUILDING, FLAT NO.48, HOSPITAL ROAD, OPP: BOWRING AND LADY CURZEN HOSPITAL, SHIVAJINAGAR, BANGALORE. NOW REP BY THE BRANCH MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD, NO.5/4 3RD FLOOR, S V ARCADE, DEVARACHIKKANAHALLI ROAD, BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE REPTD. BY ITS ASSIT. MANAGER …APPELLANT 2 (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND 1 . SRI DIPAK BORDOLOI S/O KULESHWAR BORDOLI, AGED ABOUT 45 YEARS, 2 . SMT. SHUBALA BORDOLOI W/O DIPAK BORDOLI, AGED ABOUT 42 YEARS, BOTH ARE R/AT HARIAGAON VILLAGE, BARANAGAON POST, BHURAGAON MOUZA, BHURAGAON POST, MARIGAON DISTRICT, ASSAM STATE. 3 . SRI AKSHYA KUMAR S/O RAMESH, AGED ABOUT 35 YEARS, R/AT NO.227/A, 4TH CROSS, 1ST MAIN ROAD, VINAYAKANAGARA, KADABAGERE, BANGALORE. (OWNER OF CANTER BEARING REG NO.KA-01-AH-1489) 4 . THE MANAGER DIRECTOR M/S BRICK TECH, OFFICE AT NO.12/1, KACHOHALLI, GANGONDAHALLI MAIN ROAD, LAKSHMIPURA POST, BANGALORE – 560 091. (OWNER OF TIPPER LORRY BEARING REG.NO.KA-41-A-9701) 5 . THE MANAGER, M/S UNITED INDIA INSURANCE COMPANY LTD, 3 REGIONAL OFFICE TP HUB, 5TH AND 6TH FLOORS, KRISHI BHAVAN, HUDSON CIRCLE, BANGALORE – 560 001. (INSURER OF TIPPER LORRY BEARING REG NO.KA-41-A-9701) …RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE FOR R1 & R2; SRI. MOHAN KUMAR T, ADVOCATE FOR R5) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.09.2022 PASSED IN MVC NO.2808/2018 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MACT, BENGALURU, (SCCH-22), AWARDING COMPENSATION OF RS.17,78,200/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA No.5659/2023: BETWEEN: 1 . SRI DIPAK BORDOLI S/O OF KULESHWAR BORDOLI, AGED ABOUT 45 YEARS 2 . SMT. SHUBALA BORDOLI, W/O DIPAK BORDOLI, AGED ABOUT 43 YEARS BOTH ARE R/AT, HARIAGAON VILLAGE, BARANAGAON POST, BURAGAON MOUZA, BHURAGAON P/S, MARIGAON DISTRICT, ASSAM STATE …APPELLANTS (BY SRI. SATHISHA T, ADVOCATE) 4 AND 1 . SRI. AKSHYA KUMAR S/O RAMESH, AGED ABOUT 35 YEARS, R/AT NO.227/A, 4TH CROSS, 1ST MAIN ROAD, VINAYAKANAGARA KADABAGERE, BENGALURU – 562 130 2 . THE MANAGER SRIRAM GENERAL INSURANCE COMPANY LTD., OFFICE AT NO.302, 3RD FLOOR, S & S CORNER BUILDING, FLAT NO.48, HOSPITAL ROAD, OPP: BOWRING AND LADY CURZEN HOSPITAL, SHIVAJINAGAR, BENGALURU – 560 025 NOW REPRESENTED BY THE MANAGER, SRIRAM GENERAL INSURANCE COMPANY LTD., NO.8/5, 2ND FLOOR MUNIOSHRI CHAMBER, IMFATRY ROAD, BENGALURU – 560 001 3 . THE MANAGER DIRECTOR, M/S BRICK TECH, OFFICE AT NO.12/1, KACHOHALLI, GANGONDANAHALLI MAIN ROAD, LAKSHMIPURA POST, BENGALURU – 560 091 4 . THE REGIONAL MANAGER, 5 UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE, MOTOR TP HUB, KRISHI BHAVANA, 5TH AND 6TH FLOOR, HUDSON CIRCLE, BENGALURU – 560 001 …RESPONDENTS (BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.09.2022 PASSED IN MVC NO.2808/2018 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MACT, BENGALURU (SCCH-22), 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 6 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.16,78,200/- (Rupees Sixteen Lakhs Seventy Eight Thousand Two Hundred only) with interest at 6% p.a. from the date of petition till deposit instead of Rs.17,78,200/- with interest at 6% p.a. awarded by the Claims Tribunal, 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 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. 7 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.8688/2022 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.8688/2022 filed by the appellant – Insurance Company, the connected M.F.A.No.5659/2023 filed by the respondents – claimants is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER MH/-