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.101118/2020 (MV) LOK ADALAT NO.248/2025 C/W M.F.A. NO.101760/2020 LOK ADALAT NO.248/2025 M.F.A. NO.101965/2021 LOK ADALAT NO.248/2025 IN M.F.A. NO.101118/2020 BETWEEN: THE MANAGER, SRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP RICO INDUSTRIAL AREA, SEETAPUR, JAIPUR, RAJASTHAN STATE, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. ...APPELLANT (BY SRI S.K.KAYAKAMATH, ADVOCATE) AND: 1. SMT. PARVATI @ PARVATYAVVA W/O. SHANKARAPPA GADEPPANAVAR, 2 AGE: 61 YEARS, OCC: HOUSEHOLD, R/O: YALAVIGI, TALUK: SAVANUR AND ITERINARY COURT, SAVANUR DISTRICT HAVERI-581118. 2. SRI. SHENKRAPPA S/O. SANGAPPA GADEPPANAVAR, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: YALAVIGI, TALUK: SAVANUR AND ITERINARY COURT, SAVANUR DISTRICT. HAVERI-581118. 3. SANJAY S/O. VISHNU PAWAR, AGE: 38 YEARS, OCC: BUSINESS, R/O: H.NO.40/50, OM NAGAR, SHAHAPUR, BELAGAVI, TALUKA AND DISTRICT: BELAGAVI-590001. 4. SMT. MANJULA @ LATA D/O. GOVINDAGOUDA PATIL, AGE: 41 YEARS, OCC: GOVERNMENT ASSISTANT TEACHER, R/O: HIGHER PRIMARY SCHOOL, UMACHAGI, TALUKA HUBBALLI, DIST: DHARWAD-580001. …RESPONDENTS (BY SRI HARISH S.MAIGUR, ADVOCATE FOR R1 AND R2; R3 – SERVICE OF NOTICE HELD SUFFICIENT; R4 – NOTICE SERVED.) 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 25.10.2019 PASSED IN MVC NO.229/2017 ON THE FILE OF THE CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, SHIGGAON AND ITINERARY COURT AT SAVANUR, WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. 3 IN M.F.A. NO.101760/2020 BETWEEN: 1. SMT. PARVATI @ PARVATEVVA W/O. SHANKARAPPA GADEPPANAVAR, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, 2. SHANKARAPPA S/O. SANGAPPA GADEPPANAVAR, AGE: 73 YEARS, OCC: NIL, BOTH ARE R/O: YALAVIGI, TQ: SAVANUR, DIST: HAVERI-581118. ...APPELLANTS (BY SRI HARISH S. MAIGUR, ADVOCATE.) AND: 1. SRI SANJAY S/O. VISHNU PAWAR, AGE: 38 YEARS, OCC: BUSINESS, R/O: H.NO.40/50, OM NAGAR, SAHAPUR, BELAGAVI, TQ: DIST: BELAGAVI-590003. 2. THE AUTHORIZED SIGNATORY, SHREERAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTAN STATE-302302. 3. SMT. MANJULA @ LATA D/O. GOVINDAGOUDA PATIL, AGE: 41 YEARS, OCC: ASST. TEACHER, GOVT. HIGHER PRIMARY SCHOOK UMACHAGI, TQ: HUBBALLI, DIST: DHARWAD-580020. …RESPONDENTS (BY SRI N.C.KOLLOORI, ADVOCATE FOR R2; SRI ANJANEYA M., ADVOCATE FOR R3; R.1 – NOTICE NOT CLAIMED.) 4 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 25.10.2019 PASSED IN MVC NO.229/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIGGAON, SITTING AT SAVANUR, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.101965/2021 BETWEEN: SMT. MANJULA @ LATA D/O. GOVINDAGOUDA PATIL, AGE. 42 YEARS, OCC. GOVERNMENT ASSISTANT TEACHER, R/O. HIGHER PRIMARY SCHOOL, UMACHAGI, TQ. HUBBALLI, DIST. DHARWAD-580020. ...APPELLANT (BY SRI ANJANEYA M., ADVOCATE) AND: 1. SRI. SANJAY S/O. VISHNU PAWAR, AGE. 39 YEARS, OCC. BUSINESS, R/O. H.NO. 40/50, OM NAGAR, SHAHAPUR, BELAGAVI, TQ. AND DIST. BELAGAVI-590012. 2. THE AUTHORIZED SIGNATORY, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN STATE-302001. 3. SMT. PARVATI @ PARVATEVVA SHANKRAPPA GADEPPANAVAR, AGE. 62 YEARS, OCC. HOUSEHOLD, R/O. YALVIGI, TQ. SAVANUR, DIST. HAVERI-581110. 5 4. SRI. SHANKRAPPA S/O. SANGAPPA GADEPPANAVAR, AGE. 74 YEARS, OCC. NIL, R/O. YALVIGI, TQ. SAVANUR, DIST. HAVERI-581110. …RESPONDENTS (BY SRI S.K.KAYAKAMATH, ADVOCATE FOR R2; SRI HARISH S. MAIGUR, ADVOCATE, FOR R.3 AND R.4; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT WITH REGARD TO APPORTIONMENT OF COMPENSATION AND ENHANCE THE COMPENSATION IN THE JUDGMENT AND AWARD DATED 25.10.2019 PASSED BY THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, SHIGGAON, ITINERARY COURT SAVANUR, IN MVC NO.229/2017, 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: CONCILIATION ORDER In MFA No.101965/2021, learned counsel Sri S.K.Kayakamath, accepts notice for respondent No.2 insurance company and learned counsel Sri Harish Maigur, accepts notice for respondents No.3 and 4. Service of notice to respondent No.1 is dispensed with since the insurance company has accepted the liability to pay compensation. 6 2. The learned counsel for the claimants and the representatives of Insurance Company along with its counsels are present. 3. After prolonged negotiations, the matter is settled. The claimants/appellants in MFA No.101760/2020 and MFA No.101965/2021 have agreed to receive and the appellant in MFA No.101118/2020 the Insurance Company has agreed to pay a global compensation of Rs.61,00,000/- (Rupees Sixty- One Lakh Only), in full and final settlement of the claim as against the award of the tribunal. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 4. Out of the said amount of Rs.61,00,000/-, 50% shall be apportioned in favour of the claimants/appellants in MFA No.101760/2020 (MVC No.229/2017) and the balance 50% shall be apportioned in favour of the claimant/appellant in MFA No.101965/2021. 5. Out of the amount apportioned in favour of the claimants i.e., appellants in MFA No.101760/2020 (MVC 7 No.229/2017), 70% of the amount shall be apportioned in favour of the appellant No.1/claimant No.1 and 30% shall be apportioned to the appellant No.2/claimant No.2. The amount apportioned to appellant No.2/claimant No.2 shall be disbursed in his favour. From and out of the amount apportioned in favour of appellant No.1/claimant No.1, 50% shall be kept in fixed deposit in any nationalized bank of her choice for a period of three years and 50% shall be released in favour of appellant No.1/claimant No.1. The deposit amount together with accrued interest shall be paid upon maturity directly to the claimant No.1 without any orders from the Court. 6. Out of the amount apportioned in favour of the claimant/appellant in MFA No.101965/2021, 50% shall be kept in fixed deposit in any nationalized bank of his her choice for a period of three years and 50% shall be released in favour of appellant/claimant. The deposit amount together with accrued interest shall be paid upon maturity directly to the claimant without any orders from the Court. 8 7. 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. 8. All these 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. 9. The amount deposited by the appellant insurance company in MFA No.101118/2020 shall be transmitted to the tribunal together with records. The insurer shall deposit the balance amount. Sd/- JUDGE Sd/- MEMBER CT: UMD. MRK