1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON9BLE MR. JUSTICE T M NADAF & MR. PAVANA CHANDRA SHETTY H, MEMBER M.F.A.No.3869/2024 (MV) (Lok Adalat No.379/2025) C/W M.F.A.No.5004/2024 (MV) (Lok Adalat No.380/2025) IN MFA No.3869/2024: BETWEETN: SHRIRAM GENERAL INSURANCE COMPANY LTD NO.8/5, 2ND FLOOR, MNUIRISH CHAMBER, INFENTRY ROAD, BANGALORE, NOW REP BY THE BRANCH MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, DEVARACHIKKANAHALLI ROAD, BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE, REPRESENTED BY ITS ASSISTANT MANAGER. &APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) 2 AND 1 . BHIMIBAI W/O SHANKARANAIKA, AGED ABOUT 49 YEARS, 2 . SHANKARANAIKA S/O KRISHNANAIKA, AGED ABOUT 54 YEARS, BOTH ARE R/AT K.SEVALALPURA THANDA, NAGALAMADIKE HOBLI, PAVAGADA TALUK. 3 . P. SURESHNAIKA @ PALUR SURESH S/O SUBBARAYUDU, AGED ABOUT 32 YEARS, R/AT PALURU VENKATAMPALLI, KAMBADURU MANDAL, KALYANADURGA TALUK, ANANTHAPURA DISTRICT, ANDRA PRADESH. 4 . M. RAMALINGAIAH S/O M.NAGANNA, AGED ABOUT 40 YEARS, R/AT O.C.COLONY, VEPAKUNTA, KANAGANAPALLI, ANANTHAPURA DISTRICT, ANDRA PRADESH - 515 641. &RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE FOR R1 & R2; R3 3 SURESH NAIK 3 SERVED; R4 3 RAMALINGAIAH - SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.03.2024 PASSED IN MVC NO.960/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, AWARDING COMPENSATION OF Rs.21,37,144/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. 3 IN MFA No.5004/2024: BETWEEN: 1 . BHIMIBAI W/O SHANKARANAIKA, AGED ABOUT 48 YEARS, 2 . SHANKARANAIKA S/O KRISHNANAIKA, AGED ABOUT 53 YEARS, BOTH ARE R/AT K.SELVALALPURA THANDA, NAGALAMADIKE HOBLI, PAVAGADA TALUK. &APPELLANTS (BY SRI. SATHISHA T, ADVOCATE) AND 1. P. SURESHNAIKA @ PALUR SURESH S/O SUBBARAYUDU, AGED ABOUT 31 YEARS, R/O PALURU VENKATAMPALLI, KAMBADURU MANDAL, KALYANADURGA TALUK, ANANTHAPURA DISTRICT, ANDRA PRADESH. 2. M. RAMALINGAIAH S/O M.NAGANNA, AGED ABOUT 43 YEARS, R/AT O.C.COLONY, VEPAKUNTA, KANAGANAPALLI, ANANTHAPURA DISTRICT, ANDHRAPRADESH - 515 641. 3. THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD NO.8/5, 2ND FLOOR, 4 MUNIRISH CHAMBER, INFENTRY ROAD, BANGALORE, &RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R3; R1 3 P SURESHANAIKA 3 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.03.2024 PASSED IN MVC NO.960/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel appearing for the appellant 3 Insurance Company along with its representative are present. The learned counsel appearing for the respondents 3 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 learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) is filed. The respondents 3 claimants have agreed to receive and the 5 appellant -Insurance Company has agreed to pay a lump-sum of Rs.26,06,475/- (Rupees Twenty Six Lakhs Six Thousand Four Hundred and Seventy Five only) in full and final settlement of the claim. Further, the appellant 3 Insurance Company has right to recover the enhanced amount as stated herein, including MACT award as per the judgment passed by the Tribunal. 3. The appellant - 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. The parties are not entitled for any cost. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the Insurance Company. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 6 5. Accordingly, M.F.A.No.3869/2024 filed by the appellant 3 Insurance Company stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A.No.3869/2024 filed by the appellant 3 Insurance Company, the connected M.F.A.No.5004/2024 filed by the respondents 3 claimants is hereby disposed of. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER MH/-