1 HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. POONACHA AND SHRI SANGRAM S.KULKARNI, MEMBER M.F.A. NO.102472/2019 (MV) LOK ADALAT NO.267.2025 C/W M.F.A. NO.102754/2019 LOK ADALAT NO. 267/2025 IN M.F.A. NO.102472/2019 BETWEEN: THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., 952/954, APPASAHEB, MARATHE MARG. PRABHADEVI, MUMBAI-400025. REPRESENTED BY ITS D.O., THE DIVISIONAL MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., CLUB ROAD, BELAGAVI-590001, NOW REPRESENTED BY ITS ASSISTANT MANAGER. ...APPELLANT (BY SRI SURESH GUNDI, ADVOCATE) 2 AND: 1. SHRI. NASARUDDIN S/O. MOHAMMEDSAB SHEIKH, AGE: 32 YEARS, OCC: COOLIE, R/O: H.NO.4343, GHEE GALLI, BELAGAVI-590001. 2. SHRI. SHAMSUDDIN S/O. MEHABOOBSAHEB MANNUR, AGE: 62 YEARS, OCC: BUSINESS, R/O: S.R.NO.73/2, PLOT NO.5, SAMRTH NAGAR, NEW SANGAVI, PUNE, STATE: MAHARASTRA-411027. 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY TD.(153200), 15-A WAKADEWADI, BHALE ESTATE, MUMBAI ROAD, PUNE-411003, REPRESENTED BY ITS D.O. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI-590001. 4. M/S. FEDEX EX-PRESS TRANSPORTATION AND SUPPLY CHAIN SERVICES INDIA PVT. LTD., PLOT NO.2, GATE NO.11 AND 12, KIRAVALI ADIVALI, POST: TOLOJA, TQ: PANVEL, DIST: RAIGAD, STATE: MAHARASTRA-410208. …RESPONDENTS (BY SRI N.R. KUPPELUR, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 06.03.2019 PASSED IN MVC NO.1640/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ETC.,. 3 IN M.F.A. NO.102754/2019 BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., 15-A, WAKADEWADI, BALE ESTATE, MUMBAI ROAD, PUNE. THROUGH ITS DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI, REPRESENTED THROUGH ITS DULY CONSTITUTED AUTHORITY. ...APPELLANT (BY SRI N.R. KUPPELUR, ADVOCATE.) AND: 1. NASARUDDIN S/O. MOHAMMEDSAB SHAIKH, AGE. 32 YEARS, OCC. COOLIE, H.NO.4343, GHEE GALLI, BELAGAVI. 2. SRI. SHASHUDDIN S/O. MEHABOODSAHEB MANNUR, AGE. 62 YEARS, OCC. BUSINESS, R/O: SAMRTH NAGAR, NEW SANGAVI, PUNE-411 027, STATE MH. (OWNER OF THE INDICA CAR NO.MH-14/EC-4876) 3. THE MANAGER, BAJAJ ALIANZE GENERAL INSURANCE CO. LTD., 952/954, APPASAHEB, MARATHE MARG, PRABHADEVI, MUMBAI-400025, REP. BY ITS DO, THE DIVISIONAL MANAGER, BAJAJ ALIANZE GENERAL INSURANCE CO. LTD., CLUB ROAD, BELAGAVI. (OWNER OF THE INDICA CAR NO.MH-14/EC-4876) 4. M/S. FEDEX EXPRESS TRANSPORTATION AND SUPPLY CHAIN SERVICE INDIA PVT. LTD., 4 PLOT NO.2, GATE NO.11 AND 12, KERAVALI ADIVALI, POST: TOLOJA, TQ. PANVEL, DIST. RAIGAD, STATE. MH. (OWNER OF TH8E CONTAINER NO.MH-06/AQ-5685) …RESPONDENTS (BY SRI SURESH GUNDI, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 06.03.2019 PASSED IN MVC NO.1640/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ETC.,. THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the claimant and the representatives of both the Insurance Companies along with their counsel are present. 2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the Insurance Companies have agreed to pay a compensation of Rs.6,50,000/- (Rupees six lakh fifty thousand only), inclusive of interest, as against Rs.12,79,000/- along with interest, awarded by the tribunal, in full and final settlement of the 5 claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. It is agreed that both the insurance companies are liable to deposit the said amount in equal proportion (50% each), i.e., Rs.3,25,000/- is payable by Bajaj Allianz General Insurance Company Limited and Rs.3,25,000/- is payable by New India Insurance Company Limited. 4. Out of the said amount of Rs.6,50,000/- deposited by the insurance companies, Rs.3,00,000/- shall be released in favour of the claimant and remaining amount shall be kept in fixed deposit in any nationalized bank of the choice of claimant for a period of three years. The deposit amount together with accrued interest shall be paid upon maturity directly to the claimant without any orders from the Court. 5. Further, Bajaj Allianz General Insurance Company Limited has already deposited Rs.3,59,879/- (Rs.25,000/- before this Court and Rs.3,34,879/- before the tribunal), out 6 of which, Rs.3,25,000/- shall be deducted and remaining amount of Rs.34,879/- shall be refunded to it. 6. Further, New India Insurance Company Limited has already deposited Rs.3,58,669/- (Rs.25,000/- before this Court and Rs.3,33,669/- before the tribunal), out of which, Rs.3,25,000/- shall be deducted and remaining amount of Rs.33,669/- shall be refunded to it. 7. The amount in deposit in both these appeals shall be transmitted to the tribunal for disbursement. 8. Both the Miscellaneous First Appeals stand disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the modified award accordingly. Sd/- JUDGE Sd/- MEMBER CT: UMD. RHR