Extracted from the PDF above. The PDF is authoritative.
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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. 7999/2023 (MV) (Lok Adalat No. 600/2025) c/w M.F.A. No. 6820/2023 (MV) (Lok Adalat No. 596/2025) In M.F.A. No.7999/2023:
BETWEEN: The Manager, The Shriram General Ins. Co. Ltd., E-3, EPF, Sitapura Industrial Area, Jayapura, Rajastan – 302 022, and Represented by The Manager, The Shriram General Ins. Co. Ltd., Sanmitha Plaza, H.N. Pura Road, Arakalagud Town,
Now will be represented by Shriram GIC Ltd., No.5/4, 3rd Floor, S.V. Arcade,
2 Belekalhalli Main Road, Opp. Bannerghatta Road, IIMB Post, Bangalore – 76. ...APPELLANT
(By Sri. B. Pradeep, Advocate) AND:
1. Nagaraja S/o Halagaiah, Aged about 45 years, R/o Anniganahalli Village, Kasaba Hobli, Arakalagud Taluk, Hassan District. 2. Kumaraswamy H.T. S/o Thimmarayigowda, Aged about 33 years, R/o Hebbale Village, Kasaba Hobli, Arakalagud Taluk. 3. Mahesha B.K. S/o Kumara, Major, R/o Basaanahalli Village, Ganjalagodu Post, Kasaba Hobli, Arakalagud Taluk, Hassan District. …RESPONDENTS
(By Sri. Girish B. Baladare, Advocate for R-2 & R-3, Sri. Shripad V. Shastri, Advocate for R-1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.08.2023 PASSED IN MVC NO. 808/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, MACT, ARAKALAGUD, AWARDING
3 COMPENSATION OF RS.3,58,200/- WITH INTEREST AT 6% P.A.
FROM THE DATE OF PETITION TILL REALIZATION. In M.F.A. No.6820/2023:
BETWEEN: Nagaraja S/o Halagaiah, Aged about 45 years, R/at Anniganahalli Village, Kasaba Hobli, Arakalagud Taluk, Hassan District. ... APPELLANT
(By Sri. Shripad V. Shastri, Advocate)
AND:
1. Kumaraswamy H.T. S/o Thimmarayigowda, Aged about 33 years, R/at Hebbale Village, Kasaba Hobli, Arakalagud Taluk. 2. The Manager, Shriram General Insurance Co. Ltd., E-3, EPF, Sitapura Industrial Area, Jayapura, Rajasthan – 302 022,
Represented by The Manager, Shriram General Insurance Co. Ltd., Sanmitha Plaza, H.N. Pura Road, Arakalagud Town. 3. Mahesha B.K. S/o Kumara, Major, R/o Basavanahalli
4 Village, Ganjalagodu Post, Kasaba Hobli, Arakalagud Taluk, Hassan District. …RESPONDENTS
(By Sri. B. Pradeep, Advocate for R-2)
MFA FILED UNDER SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 18.08.2023 PASSED IN MVC NO. 808/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARAKALAGUD, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING FOR ENHANCEMENT OF COMPENSATION.
THESE APPEALS 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. 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
5 filed. The respondent - claimant has agreed to receive and the appellant - Insurance Company has agreed to pay a sum of Rs. 3,20,000/- (Rupees Three Lakhs Twenty Thousand only) with interest at 6% p.a. from the date of petition till the date of deposit instead of Rs.3,58,200/- 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 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. 7999/2023 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
6 settlement arrived at between the parties in MFA No.7999/2023, the connected MFA No. 6820/2023 filed by the claimant is hereby disposed of.
Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER Rbv