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.101419/2021 (MV) C/W M.F.A. NO.101357/2021 LOK ADALAT NO.247/2025 IN M.F.A. NO.101419/2021 BETWEEN: THE LEGAL CLAIMS MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, V.A KALABURGI HALLMARK, BESIDE INDUSLAND BANK, DESAI CROSS, PINTO ROAD, HUBBALLI, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. ...APPELLANT (BY SRI S.K. KAYAKAMATH, ADVOCATE) AND: 1. SRI SUBHANSAB S/O. MOHAMMAD GOUS NADAF, AGE. 26 YEARS, OCC. MASON WORK, R/O. HALEHONNATTI VILLAGE, TALUK RANEBENNUR, DIST.HAVERI-581119. 2 2. SRI KARIYAPPA S/O. BASAPPA BAJJELLI, AGE. MAJOR, OCC. BUSINESS, R/O. CHIKKA ARALIHALLI VILLAGE, PO. HONNATTI, TQ. RANEBENNUR, DIST. HAVERI-581-119. …RESPONDENTS (BY SRI CHANDRASHEKHAR HOSAMANI, 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 29.03.2021 PASSED IN MVC NO.1018/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.101357/2021 BETWEEN: SRI SUBHANSAB S/O. MOHAMMAD GOUS NADAF, AGE. 27 YEARS, OCC. MASON WORK, R/O. HALEHONNATTI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI. ...APPELLANT (BY SRI CHANDRASHEKHAR HOSAMANI, ADVOCATE) AND: 1. SRI KARIYAPPA S/O. BASAPPA BAJJELLI, AGE. 34 YEARS, OCC. BUSINESS, R/O. CHIKKAARALIHALLI VILLAGE, PO. HONNATTI, TQ. RANEBENNUR, DIST. HAVERI-581117. (OWNER OF THE VEHICLE TATA ACE BEARING REG. NO.KA.27/A-5905) 3 2. THE LEGAL CLAIMS MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, V.A. KALBURGI HALLMARK, BESIDE INDUSLAND BANK, DESAI CROSS, PINTO ROAD, HUBBALLI-580029. (INSURER OF THE VEHICLE TATA ACE BEARING REG. NO.KA-27/A-5905) POLICY NO.10003/31/16/612001 VALID FROM 07.08.2016 TO 06.08.2017 …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 29.03.2021 PASSED IN MVC NO.1018/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, WITH COST IN THE INTEREST 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 The learned counsel for the claimants and the representative of Insurance Company along with its counsels are present. 4 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.6,50,000/- (Rupees Six Lakh Fifty Thousand Only), in full and final settlement of the claim against the award of the Tribunal of Rs.5,38,700/-. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. The said amount shall be released in favour of the claimant. 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. 5 6. The amount in deposit, if any, is ordered to be transmitted to the concerned Tribunal forthwith for disbursement. Sd/- JUDGE Sd/- MEMBER CT: UMD. RHR/-