Smt.Neelamma @ Neelavva ... vs Mr.Mallappa S/O.Gurappa ...
2021 Latest Caselaw 6789 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.No.100976/2020 [MV]
              (Lok Adalat No.2046/2021)

BETWEEN

1.      SMT.NEELAMMA @ NEELAVVA
        W/O.MALLAPPA TOTAD,
        AGE : 31 YEARS, OCC : NIL,
        R/O : KAVALUR, TQ : KOPPAL,
        DIST : KOPPAL,
        NOW @ UMASHANKAR NAGAR,
        2ND CROSS, NEAR I.B.,
        RANEBENNUR, TQ : RANEBENNUR,
        DIST : HAVERI.

2.      UDAYAKUMAR S/O.MALLAPPA TOTAD,
        AGE : 23 YEARS, OCC : STUDENT NOW NIL,
        R/O : KAVALUR, TQ : KOPPAL,
        DIST : KOPPAL,
        NOW @ UMASHANKAR NAGAR,
        2ND CROSS, NEAR I.B., RANEBENNUR,
        TQ : RANEBENNUR, DIST : HAVERI.
                          2




3.    UMA D/O.MALLAPPA TOTAD,
      AGE : 22 YEARS, OCC : STUDENT NOW NIL,
      R/O : KAVALUR, TQ : KOPPAL,
      DIST : KOPPAL,
      NOW @ UMASHANKAR NAGAR,
      2ND CROSS, NEAR I.B., RANEBENNUR,
      TQ : RANEBENNUR, DIST : HAVERI.

4.    SUMA D/O.MALLAPPA TOTAD,
      AGE : 19 YEARS, OCC : STUDENT NOW NIL,
      R/O : KAVALUR, TQ : KOPPAL,
      DIST : KOPPAL,
      NOW @ UMASHANKAR NAGAR,
      2ND CROSS, NEAR I.B., RANEBENNUR,
      TQ : RANEBENNUR, DIST : HAVERI.

5.    PREMILAVVA W/O.SHEKHARAPPA TOTAD,
      AGE : 73 YEARS, OCC : NIL,
      R/O : KAVALUR, TQ : KOPPAL,
      DIST : KOPPAL,
      NOW @ UMASHANKAR NAGAR,
      2ND CROSS, NEAR I.B., RANEBENNUR,
      TQ : RANEBENNUR, DIST : HAVERI.

6.   MR.SHEKHARAPPA S/O.YANKAPPA TOTAD,
     AGE : 83 YEARS, OCC : NIL,
     R/O : KAVALUR, TQ : KOPPAL,
     DIST : KOPPAL,
     NOW @ UMASHANKAR NAGAR,
     2ND CROSS, NEAR I.B., RANEBENNUR,
     TQ : RANEBENNUR, DIST : HAVERI.
                                     ...APPELLANTS
(BY SRI C.M. HOSAMANI, ADV.)

AND

1.    MR.MALLAPPA S/O.GURAPPA GOURIPUR,
      AGE : MAJOR, OCC : OWNER OF THE VEHICLE,
      R/O : BARADUR VILLAGE, TQ : MUNDARAGI,
                          3




     DIST : GADAG-582118
     (OWNER OF THE LMV CAR BEARING
     REG.NO.KA-24/M-3530)

2.   THE MANAGER LEGAL CLAIMS,
     BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
     4TH FLOOR, V.A.KALBURGI MANSION,
     OPP.MUNICIPAL CORPORATION,
     LAMINGTON ROAD, HUBBALLI-29
     (INSURER OF THE LMV CAR BEARING
     REG.NO.KA-24/M-3530)
     POLICY NO.OG-161529-1801-00026168
     VALID FROM 20.03.2016 TO 19.03.2017

3.   THE BRANCH MANAGER,
     PREMIUM COLLECTION CENTRE FOR
     BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
     VINAYAK NAGAR, NEAR BALLARI KALYAN MANTAPA,
     RANEBENNUR-581115, TQ : RANEBENNUR,
     DIST : HAVERI.
                                   ...RESPONDENTS

(BY SRI R.R. MANE, ADV. FOR R2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28.10.2019 PASSED IN MVC NO.1190/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION 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 Appellants-claimants have agreed to

receive and the Respondent-Insurance Company has

agreed to pay a global compensation of Rs.5,25,000/-

(Rupees Five Lakh Twenty Five 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. Out of the said amount, a sum of Rs.3,00,000/- is

ordered to be released in favour of the appellants-

claimants and the balance amount is ordered to be

deposited in any nationalized Bank for a period of

three years. The order of apportionment ordered by

the Tribunal shall hold good for the compensation

awarded in this appeal.

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 Vmb