Bajaj Allianz Insurance Co.Ltd vs Mallappa Gulappa Shirigiri
2021 Latest Caselaw 6453 Kant

      HIGH COURT LEGAL SERVICES COMMITTEE,
                DHARWAD BENCH

            BEFORE THE LOK ADALATH

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

  DATED THIS THE 18 T H DAY OF DECEMBER, 2021

             CONCILIATORS PRESENT:

         HON'BLE MR.JUSTICE S. RACHAIAH
                      AND
            SRI.M.C. HUKKERI, MEMBER

 M.F.A.Nos.100131/2018 C/W 101465/2017 [MV]
               (Lok Adalat No.2036/2021)

M.F.A.Nos.100131/2018
BETWEEN:

SMT. DUNDAWWA W/O LATE MALLAPPA SHIRIGIRI
AGE: 62 YEARS,
OCC: HOUSEHOLD WORK,
R/O: ADALAHATTI,
POST: ATHANI,
TALUKA: ATHANI,
DIST: BELAGAVI,
PIN CODE: 591304.       ... APPELLANT

(BY SRI. SANJAY S KATAGERI, ADV.)

AND

1 .    SHRI. DNYANESHWAR S/O SHANKAR
       DHARMATTI
       AGE: MAJOR,
                        2




      OCC: BUSINESS,
      R/O: HARUGERI,
      TAL: RAIBAG,
      DIST: BELAGAVI,
      PIN CODE: 591220.
2 .   THE MANAGER
      BAJAJ ALLIANZ GENERAL INSURANCE
      COMPANY LTD.,
      HAVING ITS OFFICE AT
      MADIWALE ARCADE,
      1ST FLOOR,
      HASMI MANZIL,
      CLUB ROAD, BELAGAVI,
      PIN CODE: 590001.     ...RESPONDENTS

(BY SRI.R.R.MANE, ADV. FOR R2 R1 NOTICE DISPENSED WITH)

MFA FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27.12.2016 PASSED IN MVC NO.936/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,ATHANI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

M.F.A.No.101465/2017

BETWEEN

BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD BY ITS MANAGER HAVING ITS OFFICE AT MADIWALE ARCADE IST FLOOR, HASMI MANZIL,CLUB ROAD, BELAGAVI BY AUTHORISED SIGNATORY.

... APPELLANT

(BY SRI. R.R.MANE, ADV.)

AND

1 . MALLAPPA GULAPPA SHIRIGIRI AGE:69 YEARS, OCC:NIL R/O:ADALAHATTI TAL:ATHANI DIST:BELAGAVI

2 . SMT.DUNDAWWA W/O MALLAPPA SHIRIGIRI AGE:62 YEARS, OCC:HOUSEHOLD WORK R/O:ADALAHATTI TAL:ATHANI DIST:BELAGAVI 3 . SHRI DNYANESHWAR SHANKAR DHARMATTI AGE:MAJOR,OCC:BUSINESS R/O:HARUGERI TAL:RAIBAG DIST:BELGAUM (OWNER OF TRACTOR NO. KA-23/TA-5472 AND TRAILER NOS.KA-29/T-3120 and 3121)

....RESPONDENTS

(BY SRI. SANJAY S KATAGERI, ADV. FOR R2 R1 DECEASED, R3 NOTICE DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27.12.2016 PASSED IN MVC NO.936/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, ATHANI, AWARDING COMPENSATION OF Rs.39,83,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

THESE APPEALS BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The claimant No.2 Smt. Dundawwa W/o Late

Mallappa Shirigiri has agreed to receive and the

Insurance Company has agreed to pay a global

compensation of Rs.26,00,000/- (Rupees Twenty Six

Lakh only), in full and final settlement of the claim. A

joint Memo is filed on behalf of the parties to this

effect. Same is accepted.

3. Out of Rs.26,00,000/-, it is directed to deposit

Rs.10,00,000/- in fixed deposit in any nationalized

bank or scheduled bank of claimant's choice for a

period of three years and she would be entitled to

withdraw periodical interest. Rs.16,00,000/- shall be

released in favour of the claimant No.2- Smt.

Dundawwa W/o Late Mallappa Shirigiri, since claimant

No.1 has died on 1/12/2016.

4. It is submitted that the Respondent-Insurance

Company has already deposited Rs.28,44,602/- before

the MACT, Athani, and Rs.25,000/- towards statutory

deposit before this Court. Hence, it is directed to

refund the excess amount of Rs.2,69,602/- to the

Insurance Company. Further, it is directed to transmit

the amount which is deposited before this Court as

statutory deposit while preferring the appeal to the

MACT, Athani forthwith. TCRs shall be transmitted to

the MACT, Athani, for further disbursement of amount

as directed before the Lok Adalath.

5. In view of the above observation, both appeals

stand disposed off in terms of joint memo. The award

of the Tribunal shall stand modified accordingly. Draw

up the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

Vmb