Karnataka High Court
Sharada W/O Prakash Reddy Alias ... vs Devadas Naik S/O Mothi Nayak on 18 December, 2021
Bench: Lok Adalath
HIGH COU RT LEGAL SERVICES COMMITT EE
DHARWAD B ENCH
B EFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD B ENCH
DATED THIS THE 18 T H DAY OF DECEMB ER, 2021
CONCILIAT ORS PRESENT
T HE HON'B LE MR. J USTICE RAVI V.HOSMANI
AND
SHRI MRU TYU NJAY T AT A B ANGI, MEMB ER
M.F.A. NO.100958 /2021 (MV)
LOK ADALAT NO.1687/20 21
BETWEEN:
1 . SHARADA
W/O PRAKASH REDDY ALIAS PRAKASH,
AGE. 33 YERS, OCC: HOUSE HOLD WORK,
R/O. SURAHONNE VILLAGE IN NYAMATHI TALUKA,
DIST: DAVANAGERE,
NOW AT GUDAGOOR VILLAGE IN
RANEBENNUR TALUKA,
DIST: HAVERI.
2 . JEEVAN S/O PRAKASH REDDY @ PRAKASH,
AGE. 10 YEARS, OCC: STUDENT,
R/O. SURAHONNE VILLAGE IN NYAMATHI TALUKA,
DIST: DAVANAGERE,
NOW AT GUDAGOOR VILLAGE IN
RANEBENNUR TALUKA,
DIST: HAVERI.
3 . SOUJANYA
D/O PRAKASH REDDY @ PRAKASH
AGE. 07 YEARS, OCC: STUDENT,
R/O. SURAHONNE VILLAGE IN NYAMATHI TALUKA,
DIST. DAVANAGERE,
NOW AT GUDAGOOR VILLAGE IN
2
RANEBENNUR TALUKA,
DIST: HAVERI.
SINCE APPELLANT NOS. 2 AND 3 ARE MINORS
AND THEY ARE REPRESENTED BY THEIR NATURAL
MOTHER AND M/G APPELLANT NO.1
4 . GANGAMMA REDDY
W/O HANUMANTH REDDY @
HANUMANTHAPPA
AGE.63 YEARS, OCC: HOUSEHOLD WORK,
R/O. SURAHONNE VILLAGE IN NYAMATHI TALUKA,
NOW AT RANEBENNUR,
DIST: HAVERI.
5. HANUMANTH REDDY @ HANUMANTHAPPA
S/O NAGAPPA,
AGE: 73 YEARS, OCC: COOLIE WORK,
R/O. SURAHONNE VILLAGE IN NYAMATHI TALUK,
NOW AT RANEBENNUR, DIST: HAVERI.
...APPELLANTS
(BY SRI C.M. HOSAMANI, ADVOCATE.)
AND:
1. DEVADAS NAIK S/O MOTHI NAYAK,
AGE: 42 YEARS, OCC: BUSINESS,
R/O. NO. 6/209, KOMARANAHALLI THANDA,
NAGATHI BASAPUR,
HADAGALI TALUK,
DIST: BALLARI 583110
(OWNER OF THE VEHICLE BEARING
REG.No.KA.-03/AB-7469)
2 . THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI 580023.
(OWNER OF THE VEHICLE BEARING
3
REG. KA.03/AB-7496,)
POLICY NO. 0704813117P114375359/1,
VALID FROM 03-05-2018 TO 08-01-2019.
3 . THE BRANCH MANAGER
UNITED INDIA INSURANCE COMPANY LTD.
NEAR ASHOK CIRCLE, RANEBENNUR 581115,
(OWNER FO THE VEHICLE BEARING
REG. NO.KA03/AB-7496)
POLICY NO.0704813117P114375359/1,
VALID FROM 03-05-2018 TO 08-01-2019 I.
...RESPONDENTS
(BY SRI . N.R.KUPPELUR, ADVOCATE FOR R2)
(NOTICE TO R1 & R3 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
1988, TO ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION BY MODIFYING THE JUDGMENT AND
AWARD OF THE I ADDL. SENIOR CIVIL JUDGE AND
JMFC, RANEBENNUR, DATED 25.06.2020 IN MVC
No.1039/2018, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR CONCILIATION
BEFORE LOK ADALAT AFTER BEING REFFERED BY THE
COURT, THE FOLLOWING CONCILIATION ORDER IS
PASSED:
CON CILIATION ORDER
The learned counsel for the appellants and the
representative of Respondent-Insurance Company along
with its counsel are present.
2. After prolonged negotiations, the matter is
settled. The Appellant-claimant has agreed to receive and
the Respondent-Insurance Company has agreed to pay a
sum of Rs.8,50,000/- (Rupees Eight lakh fifty thousand
only), in addition to what has been awarded by the
Tribunal, 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. The said compensation amount to be shared
between claimant nos.1 to 4 in the ratio of 40%, 20% 20%
and 20% respectively. Out of share apportioned in favour
of claimant no.1, a sum of Rs.2,00,000/- is ordered to be
released. Remaining amount to be kept in fixed deposit
initially for a period of four years.
4. The Respondent-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.
5. The Miscellaneous First Appeal stands disposed
of in terms of the Joint Memo. The award of the Tribunal
shall stand modified accordingly. Draw up the award
accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
HMB
