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.3854 OF 2017 (MV-D) (LOK-ADALAT NO.6902 OF 2025) CONNECTED WITH MISCELLANEOUS FIRST APPEAL NO.6340 OF 2017 (MV-D) (LOK-ADALAT NO.6903 OF 2025) IN M.F.A. NO.3854/2017: BETWEEN: THE BRANCH MANAGER CHOLA MS GENERAL INSURANCE COMPANY LIMITED 1ST FLOOR, S.R. COMPLEX, BENDOORWELL MANGALURU REPRESENTED BY THE CLAIMS MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED UNIT NO.4, NINTH FLOOR (LEVEL-06) "GOLDEN HEIGHTS" COMPLEX 59TH "C" CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH "M" BLOCK BENGALURU - 560 010. ...APPELLANT (BY SRI O. MAHESH, ADVOCATE) AND: 1. SMT. SAVITHA AGED ABOUT 24 YEARS WIFE OF LATE GURUVA. 2 2. MASTER SHARATH AGED ABOUT 2 YEARS SINCE MINOR, REPRESENTED BY NATURAL GUARDIAN, RESPONDENT NO.1-MOTHER. 3. SMT. AKKU AGED ABOUT 52 YEARS WIFE OF LATE BOGRA. RESPONDENT NOS.1 TO 3 ARE RESIDING AT MADAKA HOUSE KODMAN POST AND VILLAGE BANTWAL TALUK - 574 211. 4. MR. MOHAMMED MUDASIR S/O. MOHAMMED NASIR MAJOR RESIDING AT D.NO.10 - 259B PADUTHONSE, HOODE POST UDUPI DISTRICT - 576 101. …RESPONDENTS (BY SRI KETHAN KUMAR, ADVOCATE) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.02.2017 PASSED IN M.V.C. NO.1284 OF 2015 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MEMBER, M.A.C.T-IV, D.K., MANGALURU, AWARDING COMPENSATION OF RS.8,13,000/- WITH INTEREST AT 6% PER ANNUM FROM THE DATE OF PETITION TILL REALISATION. IN M.F.A. NO.6340/2017: BETWEEN: 1. SMT. SAVITHA AGED ABOUT 24 YEARS WIFE OF LATE GURUVA. 2. MASTER SHARATH AGED ABOUT 4 YEARS SINCE MINOR, REPRESENTED BY NATURAL GUARDIAN, APPELLANT NO.1-MOTHER2 3 3. SMT. AKKU AGED ABOUT 52 YEARS WIFE OF LATE BOGRA. APPELLANT NOS.1 TO 3 ARE RESIDING AT MADAKA HOUSE KODMAN POST AND VILLAGE BANTWAL TALUK - 574 178. ...APPELLANTS (BY SRI KETHAN KUMAR, ADVOCATE) AND: 1. MR. MOHAMMED MUDASIR S/O. MOHAMMED NASIR MAJOR RESIDING AT D.NO.1-259B PADUTHONSE, HOODE POST UDUPI TALUK AND DISTRICT - 575 248. 2. THE BRANCH MANAGER CHOLA MS GENERAL INSURANCE COMPANY LIMITED 1ST FLOOR, S.R. COMPLEX, BENDOORWELL MANGALURU D.K. - 575 003. …RESPONDENTS (BY SRI LINGARAJU H.S., ADVOCATE, FOR R-2) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.02.2017 PASSED IN M.V.C. NO.1284 OF 2015 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MEMBER, M.A.C.T-IV, D.K., MANGALURU, PARTLY 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: 4 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 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.21,00,000/- (Rupees Twenty One Lakh Only) as against what has been 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. 5 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.3854/2017 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.3854/2017 filed by the appellant – Insurance company, the connected M.F.A. No.6340/2017 filed by the respondents – Claimants is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER kvk