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.101832/2017 (MV) LOK ADALAT NO.250/2025 C/W M.F.A. NO.101659/2017 LOK ADALAT NO.250/2025 IN M.F.A. NO.101832/2017 BETWEEN: THE BRANCH MANAGER, M/S. SHRIRAM GENERAL INSURANCE COMPANY, LIMITED, OPPOSITE MAYURA LODGE, BALLARI, REPRESENTED BY CONSTITUTED AUTHORITY. ...APPELLANT (BY SRI S.K.KAYAKAMATH, ADVOCATE) AND: 1. K. VEERESH SON OF LATE THIMMAIAH, 24 YEARS, 2 2. K. MEGHARAJ SON OF LATE THIMMAIAH, 23 YEARS, 3. K. VENKATESH SON OF LATE THIMMAIAH, 29 YEARS, ALL ARE R/O. SINDIGERI VILLAGE, BALLARI TALUK AND DISTRICT. 4. KAREPPA @ BUDDINNINAVAR SON OF BASAPPA, 36 YEARS, HINDU DRIVER OF THE LORRY BEARING REGISTRATION NO.KA-05/B-1856 R/O. LINGADAHALLI S.H., VILLAGE RUKMAPUR POST SURPUR TALUK, YADGIR DISTRICT. 5. RAMANNA SON OF VEERANNA, 46 YEARS, OWNER OF LORRY BEARING REGISTRATION NO.KA-05/B-1856, R/O. E/69, RANGANAPET, SURPUR TALUK, YADGIR DISTRICT. …RESPONDENTS (BY SRI T.HANUMAREDDY, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 02.03.2017 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, IN MVC NO.861/2016, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.101659/2017 BETWEEN: 1. K. VEERESH SON OF LATE THIMMAIAH, AGE: 24 YEARS, 2. K. MEGHARAJ SON OF LATE THIMMAIAH, AGE: 23 YEARS, 3 3. K. VENKATESH SON OF LATE THIMMAIAH, AGE: 19 YEARS, ALL ARE R/O: SINDIGERI VILLAGE, BALLARI TALUK AND DISTRICT-583123. ...APPELLANTS (BY SRI S.K.KAYAKAMATH, ADVOCATE.) AND: 1. KAREPPA @ BUDDINNINAVAR SON OF BASAPPA, AGE: 36 YEARS, HINDU, DRIVER OF THE LORRY BEARING REGISTRATION NO.KA-05/B-1856, R/O. LINGADAHALLI, S.H. VILLAGE, RUKMAPUR POST, SURPUR TALUK, YADAGIR DISTRICT-585224. 2. RAMANNA SON OF VEERANNA, AGE: 46 YEARS, OWNER OF THE LORRY BEARING REGISTRATION NO.KA-05/B-1856, R/O. E/69, RANGANAPET, SURPUR TALUK, YADGIR DISTRICT-585224. 3. THE BRANCH MANAGER, M/S. SHRIRAM GENERAL INSURANCE CO. LTD., OPPOSITE MAYURA LODGE, BALLARI-583101. …RESPONDENTS (BY SRI T.HANUMAREDDY, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 02.03.2017 PASSED IN MVC NO.861/2016 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 4 CONCILIATION ORDER The learned counsel for the claimants and the representative of Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The claimants have agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.12,30,000/- (Rupees Twelve Lakh Thirty Thousand Only), with 6% interest as against Rs.12,30,000/- with 7% interest awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. The apportionment, deposit and disbursement shall be made as per award of the Tribunal. The deposit amount together with accrued interest shall be paid upon maturity directly to the claimants without any orders from the Court. 5 4. The 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. 5. 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 award accordingly. 6. Statutory amount in deposit, if any, is ordered to be transmitted to the concerned Tribunal forthwith for disbursement. Sd/- JUDGE Sd/- MEMBER CT: UMD. MRK