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 MRS. JUSTICE K.S. HEMALEKHA & SMT. SOHANI HOLLA, MEMBER M.F.A.No. 747/2023 (MV) (Lok Adalat No. 810/2025) BETWEEN: THE MANAGER CHOLA M.S. GENERAL INS. CO. LTD., SIGMA COMPLEX, 1ST FLOOR, NO.C1, NEW KANTHARAJ URS ROAD, KUVEMPUNAGAR, MYSORE-570023 NOW REP. BY THE MANAGER, CHOLAMANDALM MS. GEN. INS. CO. LTD., MOTOR CLAIMS HUB, UNIT NO.4, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, INDUSTRIAL SUBURB, 4TH ‘M’ BLOCK, 59TH ‘C’ CROSS, RAJAJINAGAR, BENGALURU-560010. ...APPELLANT (BY SRI A.N. KRISHNA SWAMY, ADVOCATE) AND: 1. SHIVANNA S/O LATE CHANNEGOWDA, AGED ABOUT 39 YEARS, 2 2. NISCHITHA .K D/O SHIVANNA, AGED ABOUT 13 YEARS, PETITIONER NO.1 AND 2 ARE R/O. THIRUMALAPURA VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571401. SINCE PEITIONER NO.2 IS MINOR REP. BY HER PETITIONER AS A NATUAL GUARDIAN FATHER SHIVANNA S/O LATE CHANNEGOWDA. 3. T.M. THIMMEGOWDA S/O MARIGOWDA, AGED ABOUT 51 YEARS, THIRUMALAPURA VILLAGE, CHINAKURALI HOBLI, PANDAVPURA TALUK, MANDYA DISTRICT-571401. …RESPONDENTS (BY SRI VIJAY KUMAR T., ADVOCATE FOR R-1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2022 PASSED IN MVC NO.1082/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, AWARDING COMPENSATION OF RS.26,70,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned counsel appearing for the appellant - Insurance Company along with its representative is present. The learned counsel appearing for the respondents – claimants 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 -Insurance Company has agreed to pay a lump-sum of Rs.30,00,000/- (Rupees Thirty Lakh only), instead of what has been awarded by the Claims 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 transfer to Claims Tribunal. If any excess amount shall e refund to the Insurance Company. 4 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. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER AT