SHRIRAM GENERAL INSURANCE COMPANY LTD v. MR. B.UMMARABBA @ UMMAR
MFA/6425/2017 · 2025-07-12
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81479 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81479 (KAR) · dailylaw.ai ]
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.6425/2017 (MV) (Lok Adalat No.5426 /2025) C/w M.F.A.No.6628/2017 (MV) (Lok Adalat No.5427/2025) IN M.F.A. NO.6425/2017: BETWEEN 1 . SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN - 302022.
NOW REPRESENTED BY ITS MANAGER, M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.ARCADE, BILAKAHALLI MAIN ROAD, OFF B G ROAD, IIM POST, BANGALORE - 560076.
…APPELLANT (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE)
2 AND 1 .
MR. B. UMMARABBA @ UMMAR, S/O. LATE MOIDEEN BAWA @ BAVU BYARI, NOW AGED ABOUT 68 YEARS.
2 .
MRS. UMAIBAANU, W/O. B. UMMARABBA @ UMMAR, NOW AGED ABOUT 58 YEARS.
3 .
MISS. RAFIDA, D/O. B. UMMARABBA @ UMMAR, NOW AGED ABOUT 23 YEARS.
ALL ARE R/AT DOOR NO.95/2, MJM MASJID BUILDING, KENJAR, BAJPE, MANGALURU, MANGALURU TALUK - 574142.
4 .
MR. SACHIN SHETTY, NOW AGED ABOUT 35 YEARS, S/O. KRISHNAPPA SHETTY, R/AT DOOR NO.5-11, MEGINA HOUSE, KUDURU, PADUSHEDDE, MANGALURU TALUK - 574142.
... RESPONDENTS
(BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE FOR R-1 TO R3 R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:22.04.2017 PASSED IN MVC NO.1761/2014 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER M.A.C.T., MANGALURU, D.K. AN AWARDING A COMPENSATION OF RS.8,31,000/- ALONG WITH INTEREST AT 6% P.A.
FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
3 IN M.F.A. NO.6628/2017: BETWEEN 1 .
MR. B.U. UMMARABBA @ UMMAR, S/O. LATE MOIDEEN BAWA @ BAVU BYARI, AGED ABOUT 68 YEARS.
2 .
MRS. UMAIBAANU, W/O. B. UMMARABBA @ UMMAR, AGED ABOUT 58 YEARS.
3 .
MISS. RAFIDA, D/O. B. UMMARABBA @ UMMAR, AGED ABOUT 23 YEARS.
ALL ARE R/AT DOOR NO.95/2, MJM MASJID BUILDING, KENJAR, BAJPE, MANGALURU, MANGALURU TALUK, D.K. DISTRICT - 575007.
… APPELLANTS
(BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE)
AND
1 .
MR. SACHIN SHETTY, S/O. KRISHNAPPA SHETTY, AGED ABOUT 35 YEARS, R/AT DOOR NO.5-11, MEGINA HOSUE, KUDURU, PADUSHEDDE, MANGALURU TALUK, D.K. DISTRICT - 575009.
2 .
SHRIRAM GENERAL INSURANCE CO. LTD., E-8, RIICO, INDUSTRIAL AREA, SITAPURA-JAIPURA,
4 RAJASTHAN, REPRESENTED BY ITS MANAGER, PIN - 302022.
… RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R-2 R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.04.2017 PASSED IN MVC NO.1761/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MEMBER, MACT, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the Respondent - Insurance Company and its authorized officer is filed. The appellants – claimants have agreed to receive and the respondent -
5 Insurance Company has agreed to pay a lump-sum of Rs.18,70,000/- (Rupees Eighteen Lakhs Seventy Thousand only) instead of Rs.8,31,000/- with interest at 6% p.a. awarded by the Claims Tribunal, in full and final settlement of the claim.
3. The Respondent - Insurance Company has agreed to deposit the said balance 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. The amount in excess if any, shall be refunded to the appellants / claimants.
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.6628/2017 filed by the appellants – claimants 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.6628/2017 filed by the appellants –
6 claimants, the connected M.F.A. No.6425/2017 filed by the respondent – Insurance Company is hereby disposed. Draw up the Award accordingly.
Sd/- JUDGE
Sd/- MEMBER
ABK