1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK-ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.232 OF 2022 (MV-D) (LOK-ADALAT NO.485 OF 2025) CONNECTED WITH MISCELLANEOUS FIRST APPEAL NO.4829 OF 2021 (MV-D) (LOK-ADALAT NO.1963 OF 2025) IN M.F.A. NO.232/2022: BETWEEN: THE MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED MYSURU BRANCH OFFICE NO.230, CH-13, 5TH CROSS 12TH MAIN, NEAR JAVAREGOWDA PARK SARASWATHIPURAM, MYSURU - 570 009. ...APPELLANT (BY SRI A.N. KRISHNA SWAMY, ADVOCATE) AND: SAROJA W/O LATE RAMAKRISHNAYAKA AGED ABOUT 46 YEARS SINCE DEAD, REPRESENTED BY HER LEGAL REPRESENTATIVES: 1. MANUKUMARA R. SON OF LATE RAMAKRISHNANAYAKA AGED ABOUT 27 YEARS. 2 2. MANJULA R. DAUGHTER OF LATE RAMAKRISHNANAYAKA AGED ABOUT 25 YEARS. 3. MADANAYAKA SON OF LATE HALANAYAKA AGED ABOUT 87 YEARS. RESPONDENT NOS.1 TO 3 ARE RESIDING AT HOSURU KALLALLI VILLAGE AND POST KASABA HOBLI, K.R. NAGARA TALUK MYSURU DISTRICT - 571 602. 4. LAKSHMANA K. T. SON OF THIMMANAYAKA AGED ABOUT 37 YEARS DOOR NO.49/A, VARAHANATHA KALLALLI VILLAGE GANJEGERE POST, BUKANAKERE HOBLI K.R. PETE TALUK MANDYA DISTRICT - 571 426. 5. SATHISHA K. M., SON OF MAREGOWDA AGED ABOUT 42 YEARS VARAHANATHA KALLALLI VILLAGE GANJEREGERE POST, BUKANAKERE HOBLI K.R. PETE TALUK MANDYA DISTRICT - 571 426. 6. RAFEEQ S. Y. SON OF YUSOOF S. AGE: MAJOR RESIDING AT CHIKKASATHIGAL VILLAGE ARAKERE POST, SAKLESHPURA TALUK HASSAN DISTRICT - 573 134. …RESPONDENTS (BY SRI D.C. SRINIVASA, ADVOCATE) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 17.07.2021 PASSED IN M.V.C. NO.787 OF 2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, M.A.C.T., MYSURU, AWARDING COMPENSATION OF RS.21,33,000/- WITH INTEREST AT 6% PER ANNUM FROM THE DATE OF PETITION TILL DATE OF REALISATION. 3 IN M.F.A. NO.4829/2021: BETWEEN: SAROJA W/O LATE RAMAKRISHNAYAKA AGED ABOUT 46 YEARS SINCE DEAD, REPRESENTED BY HER LEGAL REPRESENTATIVES: 1. MANUKUMARA R. SON OF LATE RAMAKRISHNANAYAKA AGED ABOUT 27 YEARS. 2. KUMARI MANJULA R. DAUGHTER OF LATE RAMAKRISHNANAYAKA AGED ABOUT 25 YEARS. 3. MADANAYAKA SON OF LATE HALANAYAKA AGED ABOUT 87 YEARS. ALL ARE RESIDING AT HOSURU KALLALLI VILLAGE AND POST KASABA HOBLI, K.R. NAGARA TALUK MYSURU DISTRICT - 571 602. ..APPELLANTS (BY SRI D.C. SRINIVASA, ADVOCATE) AND: 1. SRI LAKSHMANA K. T. SON OF THIMMANAYAKA AGED ABOUT 37 YEARS RESIDING AT NO.49/A VARAHANATHA KALLALLI VILLAGE GANJEGERE POST, BUKANAKERE HOBLI K.R. PETE TALUK MANDYA DISTRICT - 571 426. 2. SRI SATHISHA K. M. SON OF MAREGOWDA AGED ABOUT 42 YEARS RESIDING AT VARAHANATHA KALLALLI VILLAGE GANJEGERE POST, BUKANAKERE HOBLI K.R. PETE TALUK MANDYA DISTRICT - 571 426. 4 3. M/S. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER, MUSURU BRANCH OFFICE NO.230, CH-13, 5TH CROSS, 12TH MAIN NEAR JAVAREGOWDA PARK, SARASWATHIPURAM MYSURU - 570 009. 4. SRI RAFEEQ S. Y. SON OF YUSOOF S. AGED ABOUT 42 YEARS RESIDING AT CHIKKASATHIGAL VILLAGE ARAKERE POST, SAKALESHPURA TLAUK HASSAN DISTRICT - 573 134. …RESPONDENTS (BY SRI A.N. KRISHNA SWAMY, ADVOCATE, FOR R-3) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 17.07.2021 PASSED IN M.V.C. NO.787 OF 2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND SESSIONS JUDGE AND M.A.C.T., MYSURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 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 through video conferencing/physical hearing. 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 5 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 sum of Rs.20,40,000/- (Rupees Twenty Lakh Forty Thousand Only) with interest at 6% p.a. from the date of petition till the date of deposit, instead of Rs.21,33,000/- with interest at 6% p.a. awarded by the Tribunal, in full and final settlement of the claim. 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 amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 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. 5. Accordingly, M.F.A. No.232/2022 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.232/2022 filed by the appellant – Insurance company, the connected M.F.A. No.4829/2021 filed by 6 the respondents – Claimants is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER kvk