The Manager vs Smt. Annawwa D/O Gurupadappa ...
2021 Latest Caselaw 6580 Kant

HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD
                   BENCH

     BEFORE THE LOK ADALAT IN THE HIGH COURT OF
             KARNATAKA DHARWAD BENCH

     DATED THIS THE 18TH DAY OF DECEMBER, 2021

                CONCILIATORS PRESENT

           THE HON'BLE MRS.JUSTICE M.G.UMA
                         AND
          MRS.ANURADHA DESHPANDE, MEMBER

            M.F.A.CROB NO.100065/2018 (MV)
                         C/W
                 M.F.A.NO.101646/2017

               LOK ADALAT NO.2007/2021.

M.F.A.CROB NO.100065/2018 (MV)

BETWEEN :

SMT. ANNAWWA D/O. GURUPADAPPA KAMBLE
AGE:47 YEARS, OCC:COOLIE,
R/O. BIDAKI, TQ:RAMDURG,
DIST:BELAGAVI-590017.
                                           ... APPELLANT
(BY SRI. SANTOSH B.RAWOOT., ADVOCATE)

AND :

1.      THE MANAGER
        ORIENTAL INSURANCE CO.LTD.,
        GOURND FLOOR, MAGNET HOUSE (OPP NTC HOUSE),
        N. M. MARG, BALLARD ESTATE MUMBAI
        MAHARASTRA-01.
        REPRESENTED BY DIVISIONAL OFFICE,
        ORIENTAL INSURANCE CO.LTD.,
        CLUB ROAD, BELAGAVI-590001.
                                2




2.      SHRI. NAGESH S/O. HAMAPPA POOJARI
        AGE:MAJOR, OCC:BUSINESS,
        R/O. NEELANAGAR,
        TQ & DIST:BAGALKOT-580012.
                                                  ... RESPONDENTS

(BY S.S.KOLIWAD, ADVOCATE FOR R1)

THIS MFA CROB FILED U/O.41 RULE 22 C.P.C PRAYING TO ALLOW THE APPEAL FILED BY THE CROSS OBJECTOR/APPELLANT AND MODIFY THE JUDGMENT AND AWARD DATED 26.11.2016 IN M.V.C. NO.2121/2013 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. M.A.C.T RAMDURG, SITTING AT SAUNDATTI.

M.F.A. NO.101646/2017 (MV)

BETWEEN :

THE MANAGER, ORIENTAL INSURANCE CO. LTD., GROUND FLOOR, MAGNET HOUSE (OPP. NTC HOUSE), N.M. MARG, BALLARD ESTATE, MUMBAI, MAHARASHTRA-1, REP BY DIVISIONAL OFFICE, THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., CLUB ROAD, BELAGAVI.

NOW, REPRESENTED THROUGH ITS AUTHORISED SIGNATORY DEPUTY MANAGER.

... APPELLANT (BY S.S.KOLIWAD, ADV.)

AND :

1. SMT. ANNAWWA D/O GURUPADAPPA KAMBLE AGE: 44 YEARS, OCC: COOLIE, R/O: BIDAKI, TQ: RAMDURG, DIST: BELAGAVI.-591123.

2. SHRI. NAGESH S/O HAMAPPA POOJARI AGE: MAJOR, OCC: BUSINESS,

R/O: NEELANAGAR, TQ & DIST: BAGALKOT. (OWNER OF THE TATA INDICA CAR CAR BEARING NO.KA-29/A-6031)517101.

... RESPONDENTS (BY SRI SANTOSH B.R., ADVOCATE FOR R1; BY SRI R.H.ANGADI., ADVOCATE FOR R2)

THIS MFA IS FILED U/O.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 26.11.2016 PASSED IN MVC NO.2121/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMDURG, SITTING AT SAUNDATTI, AWARDING COMPENSATION OF Rs.15,19,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.

THE CROSS OBJECTION AND THE APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the cross objector and

the representative of Respondent-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The cross objector-claimant has agreed to

receive and the Respondent-Insurance Company has

agreed to pay a global compensation of

Rs.11,28,400/- (Rupees Eleven Lakh Twenty Eight

Thousand Four Hundred only) instead of

Rs.15,19,000/- (Rupees Fifteen Lakh Nineteen

Thousand only) awarded by the Commissioner, 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 the compensation awarded, 50% of

the amount is ordered to be kept in fixed deposit in

any nationalized bank or scheduled bank or claimant's

choice for a period of three years and he would be

entitled to withdraw periodical interest. Balance 50%

of the amount is ordered to be paid to the claimant on

proper identification.

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.

6. Inv in view of the disposal of cross

objection filed by the claimant in MFA Crob

No.100065/2018, the appeal filed by the insurance

company in M.F.A.No.101646/2017 is hereby

dismissed.

7. Amount in deposit if any in

M.F.A.No.101646/2017, shall be transmitted to the

concerned Tribunal for disbursement.

Draw up the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

AM