1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 5424/2017 (MV) (Lok Adalat No. 3860/2024) C/w M.F.A. No. 4611/2017 (MV) (Lok Adalat No. 3861/2024) In M.F.A. No. 5424/2017: BETWEEN: The Oriental Insurance Company Limited, Regional Office, No.44/45, Leo Shopping Complex, Residency Road, Bangalore-560 025, Represented By its Regional Manager. ...APPELLANT (By Sri. B.S. Umesh, Advocate) AND 1. Mangalamma W/o Maregowda, Aged about 39 years. 2. Maregowda S/o Chikka Revanna, Aged about 59 years. 2 Both respondents are residing at No.63, Hemapura, Banavadi, Magadi Taluk, Ramanagaram District – 571 313. 3. Vishwanatha Reddy S/o Krishna Reddy, Age Major Exact not known to appellant, Responding at Shivapura, Nelagadaranahalli, Nagasandra Post, Bangalore North Taluk-560 073 …RESPONDENTS (By Sri. D.S. Sridhar, Advocate for R-1 and R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2017 PASSED IN MVC NO.1263/2016 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE & XIX ACMM, MEMBER, MACT, BANGALORE, AWARDING COMPENSATION OF RS.9,89,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. In M.F.A. No. 4611/2017: BETWEEN: 1. Smt. Mangalamma W/o Maregowda, Aged 39 years, 2. Maregowda S/o Chikka Revanna, Aged 59 years. Both are residing at No.63, Hemapura, Banavadi, Magadi Taluk, Ramanagaram District-562 120. ...APPELLANTS (By Sri. D.S. Sridhar, Advocate) AND 1. Vishwanath S/o Krishna Reddy, Major, R/at Shivapura, Nelagadaranahalli, 3 Nagasandra Post, Bengaluru North Taluk, Bengaluru – 560 073. 2. M/s. Oriental Insurance Co. Ltd., Regional Office, No.44/45, Leo Shopping Complex, 5th Floor, Residency Road, Bengaluru – 560 025, Represented by its Manager. …RESPONDENTS (By Sri. B.S. Umesh, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2017 PASSED IN MVC NO.1263/2016 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE AND MACT (SCCH-23), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for appellant – Insurance Company along with its representative is present. The learned Counsel appearing for the respondents - claimants is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/Insurance Company and its authorized Officer and the respondents - claimants (being authorized by the respondents / claimants to sign) is filed. The 4 appellant –Insurance Company has agreed to pay and the respondents- claimants have agreed to receive a lump-sum of Rs.14,29,000/- (Rupees Fourteen Lakhs Twenty Nine Thousand only) (inclusive of interest) instead of Rs.9,89,000/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim. 3. The appellant – Insurance Company has already deposited a sum of Rs. 9,89,000/- and has agreed to deposit remaining sum of Rs.4,40,000/- 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. There are two claimants in the above appeal and if the modified compensation is divided amongst claimants equally, they will get lesser compensation. Hence, the entire shares of respondents – claimants shall be released in their favour, on proper identification. The amount if any, deposited before this Court by the appellant – Insurance Company shall be transferred to the Claims Tribunal and also the amount in excess if any, shall be refunded to appellant - Insurance Company. 5 5. In view of the settlement in M.F.A. No.5424/2017 between the parties, the above said appeals (MFA No.5424/2017 filed by Insurance Company and MFA No.4611/2017 filed by claimant) stand 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 Rbv