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2025 DAILYLAW 35065 (KAR)

SRI SHAPIULLA v. SHRIRAM GENERAL INSURANCE CO LTD

MFA/7475/2024 · 2025-03-08

Lok Adalath

body2025

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 T M NADAF & MR. PAVANA CHANDRA SHETTY H, MEMBER M.F.A.No. 7475/2024 (MV) (Lok Adalat No.377/2025) BETWEEN: 1 . SRI SHAPIULLA S/O RAJAKSAB AGED ABOUT 53 YEARS, 2 . SMT. MUBEENA W/O SHAPIULLA AGED ABOUT 45 YEARS, 3 . SRI. ADHAMSAB S/O SHAPIULLA AGED ABOUT 24 YEARS, ALL ARE RESIDING AT: NO.33, C/O ASHMATHBANU LAGGERE, RAJAGOPALNAGAR, BENGALURU - 58, PERMANENT RESIDENT AT NO.2-22, HEMAVATHI MADAKSIRA TALUK, 2 ANANTHPURA DISTRICT, ANDRAPRADESH-515 286. …APPELLANTS (BY SRI. GURUDEV PRASAD K T, ADVOCATE) AND: 1 . SHRIRAM GENERAL INSURANCE CO. LTD., BY ITS MANAGER, NO.3/5, 3RD FLOOR, SV.ARCADE, BELEKAHALLI MAIN ROAD, OFF BANNERGATTA ROAD, III-B POST, BENGALURU – 560 076 2 . MR. N.PRAMOD S/O VASANTH RAO, NO.1-118 VASUDEVANILAYA, NOOJIPADAI HOUSE KUKKAJE MANCHI BANTWAL, DHAKSHINA KANNADA DISTRICT - 574 323. 3 . SRI. JAMES P.V S/O P.C.VARGHESE, NO.4-233/1 PUDUMANA HOUSE NILYADI, NILYADI POST AND VILLAGE, KADABA TALUK, DHAKSHINA KANNADA DISTRICT, KARNATAKA. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.09.2023 PASSED IN MVC NO.5729/2021 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-4, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL 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 No.1 – Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled. 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 No.1 – Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent No.1 – Insurance Company has agreed to pay a lump-sum of Rs.30,000/- (Rupees Thirty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4 3. The respondent No.1 - 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 enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 MH/-