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 26TH DAY OF APRIL 2025
CONCILIATORS PRESENT:
THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI
&
SRI. RAVI S. SAMPRATHI, MEMBER
M.F.A.No.2008/2021 (MV-I) (Lok Adalat No.3994/2025) C/w M.F.A.CROB.No.88/2022 (MV-I) (Lok Adalat No.3995/2025)
IN M.F.A.NO.2008/2021
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD., MYSORE BRANCH,
THROUGH ITS REGIONAL OFFICE, LEO SHOPPING COMPLEX, NO.44/45, RESIDENCY ROAD, BANGALORE-560 025.
REP. BY ITS DEPUTY MANAGER.
...APPELLANT (By Sri. Janardhan Reddy, Advocate)
AND
1. MAHADEVU, S/O LATE MADEGOWDA, AGED ABOUT 36 YEARS,
2. PUTTASWAMY,
2 S/O LATE MADEGOWDA, AGED ABOUT 35 YEARS,
3. MAHADEVAMMA, W/O JAVAREGOWDA, AGED ABOUT 33 YEARS, R/AT MARADIHUNDI VILLAGE, THUMMANERAJE POST, NANJANGUDU TALUK, MYSORE DISTRICT.
4. NINGAIAH, S/O LATE MADEGOWDA, AGED ABOUT 31 YEARS,
RESPONDENT NOS.1, 2 AND 4 ARE R/AT AGASTHYA PURA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT.
5. SMT. NIRMALA, W/O MAHADEVU, AGED ABOUT 30 YEARS, R/AT NO.22, RAMAMANDIRA ROAD, NADANAHALLI VILLAGE, ALANAHALLI POST, KASABA HOBLI, MYSORE TALUK.
6. SHASHIKUMAR, S/O VENKATARAMANA, AGED ABOUT 31 YEARS, R/AT RANGASAMUDRA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT.
(OWNER OF THE M/C KA-55-E-2634).
7. MAHESH, S/O RAMACHANDRA, AGED ABOUT 37 YEARS,
3
R/AT MAKANAHALLI VILLAGE, BANNURU TOWN, T. NARASIPURA TALUK, MYSORE DISTRICT.
(OWNER OF THE M/C KA-55-E-2634).
….RESPONDENTS
(By Sri. P. Nataraju, Advocate for)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.01.2021, PASSED IN MVC.
NO.325/2018 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES AND MACT, MYSURU, AWARDING RS.10,28,500/- WITH INTEREST @6% P.A., FROM THE DATE OF PETITION TILL ITS DEPOSIT.
IN M.F.A.CROB.NO.88/2022
BETWEEN:
1. SRI. MAHADEVU, AGED ABOUT 38 YEARS, S/O. LATE MADEGOWDA,
2. SMT. MAHADEVAMMA, AGED ABOUT 35 YEARS, W/O. JAVAREGOWDA, R/AT. MARADIHUNDI VILLAGE, THUMMANERALE POST, NANJANAGUDU TALUK, MYSURU DISTRICT-571 301.
3. SRI. NINGAIAH, AGED ABOUT 33 YEARS, S/O LATE MADEGOWDA,
CROSS OBJECTORS NO.1 AND 3 ARE R/AT AGASTHYA PURA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK,
4 MYSURU DISTRICT-571 110.
4. SMT. NIRMALA, AGED ABOUT 32 YEARS, W/O. MAHADEVU, R/AT NO.22, RAMAMANDIRA ROAD, NADANAHALLI VILLAGE, ALANAHALLI POST, KASABA HOBLI, MYSURU TALUK AND DISTRICT-570 026.
...CROSS OBJECTORS (By Sri. P. Nataraju, Advocate)
AND
1. SRI. SHASHIKUMARA, AGED ABOUT 32 YEARS, R/AT RANGASAMUDRA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT-571 110.
2. SRI. MAHESHA, AGED ABOUT 39 YEARS, S/O RAMACHANDRA, R/AT MAKANAHALLI VILLAGE, BANNURU TOWN, T. NARASIPURA TALUK, MYSURU DISTRICT-571 101.
3. THE MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., MUSLIM HOSTILE BUILDING, 1ST MAIN, SARASWATHIPURAM, MYSURU-570 023.
4. SRI. PUTTASWAMY, AGED ABOUT 37 YEARS, S/O. LATE MADEGOWDA, R/AT AGASTHYA PURA VILLAGE,
5
KASABA HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT-571 110.
….RESPONDENTS
(By Sri. Janardhan Reddy, Advocate for R-3)
THIS MFA.CROB IS FILED U/O XLI RULE 22 OF THE CPC READ WITH SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2021 PASSED IN MVC NO.325/2018 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA AND MFA CROB COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION
ORDER IS PASSED:
CONCILIATION ORDER
The learned Counsel appearing for the Respondents - Claimants is present. The learned Counsel appearing for the Appellant – 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 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 -
6 Insurance Company has agreed to pay a lump sum of Rs.13,88,500/- (Rupees Thirteen Lakh Eighty Eight Thousand Five Hundred only), instead of Rs.10,28,500/- with interest at 6% p.a. awarded by the claim Tribunal, in full and final settlement of the claim.
3. The Appellant - Insurance Company has already deposited a lump-sum of Rs.7,71,375/- before this court, balance sum of Rs.6,17,125/- to be deposited before the claim 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. Entire modified compensation amount is ordered to be released in favour of the Respondents – claimants, on proper identification. The amount if any, deposited before this court shall be transferred to the Claims Tribunal.
5. Accordingly, M.F.A. 2008/2021 filed by the appellant – 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.2008/2021 filed by the
7 appellant – Insurance Company, the connected M.F.A. Crob.No.88/2022 filed by the appellants – claimants is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE
Sd/- MEMBER TS