- 1 - HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO.276/2024 (MV-D) (Lok Adalat No. 1105/2025) BETWEEN 1. Smt. Shwetha S, W/o Selva Kumar K, Aged about 38 years, 2. Master Immanuel S K S/o Selva Kumar K Aged about 15 years, (Since 2nd appellant is minor Rep. by his mother as a Natural guardian Smt. Shwetha S) Both are R/at No.351/2 Gayathri Building Goshala Road Garudacharpalya Bengaluru North 560 048 3. Prabhavathi W/o Kanth Raja Aged about 60 years, R/at No.250, Gayathriyamma Building Garudacharpalya, Mahadevapura Bengaluru North – 560 048 ...Appellants (By Sri Naik Krishna Venkataraman, Advocate) - 2 - AND 1. Shaik Shavali N S S/o N S Syed Nabi Major, R/at No.21/75 Kothapeta Street Atmakur, Kurnool Andhra Pradesh-518422 (RC Owner of Lorry No. AP-39/TD-0822) 2. The Manager Oriental Insurance Co. Ltd., No.1001/56, Jayalakshmi Mansion 2nd Floor, Dr. Rajkumar Road Rajajinagar, Bengaluru-560 010 (Policy No.433100/31/2021/1022 Valid from 13.09.2020 to 12.09.2021) 3. S. Nazeer Hussain S/o Shaik Shavali N S Major, R/at No.27-2-4 Issalmpete, Atmakuru(post) Kurnool District Andhra Pradesh – 518422 (Policy Holder of Lorry No. AP-39/TD-0822) …Respondents (By Sri K.Nagarajaiah, Advocate for R2; vide order dated 03.03.2025, notice to R1 and R3 is dispensed with) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 01.08.2023 passed in MVC No.3890/2021 on the file of the XIV Additional Small Causes Judge and MACT, Bengaluru (SCCH-10), partly allowing the claim petition for compensation and seeking enhancement of compensation. This Appeal coming on for conciliation before Lok Adalat, the following conciliation order is passed. - 3 - CONCILIATION ORDER Learned counsel appearing for the appellants- claimants is present. Learned counsel appearing for the respondent–Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The respondent-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 - 4 - amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit. 4. The apportionment of enhanced compensation amount should be as per the ratio of the Tribunal i.e., 40:35:25. However, the entire shares of enhanced compensation amount in respect of appellants No.1 and 3 shall be released in their favour on proper identification. In respect of the entire share of appellant No.2 shall be deposited as FD in any nationalized bank for a period of 3 years. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up Award accordingly. Sd/- JUDGE Sd/- MEMBER KMV