Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY 2025
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL
&
SRI. M.N. UMASHANKAR, MEMBER
M.F.A.No. 3540/2025(MV)
(Lok Adalat No. 6615/2025)
BETWEEN
THE BRANCH MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., DOOR BUILDING, NO. 271, ASHRAYA LAXMIVILAS ROAD, DEVARAJ MOHALLA, MYSORE-570001. REP. BY ITS MANAGER LEGAL UNIT NO. 04, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH ‘C’ CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUBRUB, RAJAJINAGARA, BANGALORE-560010. … APPELLANT
(BY SRI. D VIJAYA KUMAR, ADVOCATE)
2 AND:
1. SMT. RATHNAMMA, W/O. LOKESHA, AGED ABOUT 52 YEARS, R/AT KEBBEPURA VILLAGE, NITRE POST (HARAVE), CHAMARAJANAGARA TALUK AND DISTRICT-571128. 2. SRI. SARATHCHANDRAN .P S/O CHANDRAN, MAJOR, PUTHENPURACKAL HOUSE, MANALVAYAL POST, CHATHAMANGALAMKUNNU, IRULAM, WAYAND-KERALA-673579. (OWNER OF ROYAL ENFIELD MOTOR CYCLE BEARING NO. KL-73-D-2339)
…RESPONDENTS
(BY SRI. SREENIVASAN M Y, ADVOCATE)
MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.07.2024 PASSED IN MVC NO.3/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, AWARDING COMPENSATION OF RS.6,62,785/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
3
CONCILIATION ORDER
The learned Counsel appearing for the Appellant – Insurance Company along with its representative are 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 respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondents - claimants have agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.55,000/- (Rupees Fifty Five Thousand Only), instead of what has been awarded by the claim Tribunal, in full and final settlement of the claim. Further, the respondent-Insurance Company has the right to recover the enhanced amount as stated herein, including MACT award as per the judgment passed by the Tribunal. 3.
The Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of
4 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. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 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 the Award accordingly. Sd/- JUDGE
Sd/- MEMBER
SRK