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2025 DAILYLAW 77345 (KAR)

THE DIVISIONAL MANAGER THE BAJAJ ALLIANZ GENERAL INSURANCE CO LTD v. SRI S CHANDRASHEKAR

MFA/8126/2023 · 2025-07-12

Lok Adalath

body2025

Judgment text

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.8126/2023 (MV) (Lok Adalat No. 6639/2025) C/W M.F.A.No.3800/2024 (MV) (Lok Adalat No. 6623/2025) IN M.F.A.No.8126/2023 (MV) BETWEEN THE DIVISIONAL MANAGER THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. NO.1335, IST FLOOR, C AND D BLOCK PANCHATHANTHRA ROAD KUVEMPURNAGAR MYSURU-570023 NOW REP BY THE MANAGER 2 THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.2, 4TH FLOOR GOLDEN HEIGHTS BUILDING 59TH C CROSS RAJAJINAGAR 6TH BLOCK BENGALURU-560010. …APPELLANT (BY SRI A N KRISHNA SWAMY, ADVOCATE) AND 1 . SRI S CHANDRASHEKAR S/O SHIVANANJASHETTY AGED ABOUT 25 YEARS R/A NALLURUMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA TALUK 2 . SRI RAVI KUMAR S/O MALLAIAH AGED ABOUT 37 YEARS R/A NO.14, AMBEDKAR STREET CHAMARAJANAGAR TOWN(EX-PARTE) …RESPONDENTS (BY SRI SANATH KUMARA K M, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.09.2023 PASSED IN MVC NO. 222/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHAMARAJANAGARA, AWARDING COMPENSATION OF RS. 12,56,000/-. WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. 3 IN M.F.A.No.3800/2024 (MV) BETWEEN SRI S CHANDRASHEKAR S/O SHIVANANJASHETTY AGED ABOUT 26 YEARS R/AT NALLURMOLE VILLAGE CHANDAKAVADI HOBLI, CHAMARAJANAGARA TALUK CHAMARAJANAGAR DISTRICT – 571342 …APPELLANT (BY SRI SANATH KUMAR K M, ADVOCATE) AND 1 . SRI. RAVIKUMAR, S/O MALLAIAH MAJOR, AGED ABOUT 38 YEARS R/AT NO 14, AMBEDKAR STREET, CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT PIN – 571313. 2 . THE DIVISIONAL MANAGER BAJAJ ALIANZ GENERAL INSURANCE CO LTD NO 1335/J C AND D BLOCK, 1ST FLOOR PANCHMANTRA ROAD CHAMARAJ MOHOLLA KUVEMPU NAGAR MYSURU – 570023 …RESPONDENTS (BY SRI A N KRISHNASWAMY, ADVOCATE FOR R-2) 4 MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.09.2023 PASSED IN MVC NO. 222/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHAMARAJANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE 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. 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 5 Rs.20,00,000/- (Rupees Twenty Lakh only) instead of what has been awarded by the 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 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 parties are not entitled for any cost. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the Claimants/Respondents. 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.8126/2023 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 6 settlement arrived at between the parties in M.F.A.No.8126/2023 filed by the appellant – Insurance Company, the connected M.F.A.No.3800/2024 filed by the appellant – claimant is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER SRK