Veeresh vs Shivkumar And Ors
2022 Latest Caselaw 4271 Kant

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
              BEFORE THE LOK-ADALAT

            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH


        DATED THIS THE 12TH DAY OF MARCH, 2022

                  CONCILIATORS PRESENT

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                            AND
                SRI K.A.KALBURGI, MEMBER

                M.F.A. No.200366/2021 (MV)
                  Lok Adalat No.120/2022

Between:

Veeresh S/o Siddappa,
Aged: 09 years, Minor, U/g of her natural mother
Smt. Rajshree W/o Siddappa,
Aged: 29 years, Occ: Household,
R/o Recvaggi Gudda, Tq. Chittahpur,
Now residing at H.No.45, Datta Colony,
Datta Mandir, Near Jewargi Colony,
Kalaburagi.
                                              ... Appellant
(By Sri.Sanjeev Patil, Advocate)

And:

1.     Shivakumar S/o Vidhyasagar,
       Aged: 30 Years, Occ: Driver of vehicle
       Bearing Regn.No.KA.33.M.2043,
       R/o Kalagi, Tq. Chittapur,
       Dist: Kalaburagi-585 211.
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2.    Sharanayya S/o Vidyasagar,
      Age: Major, Occ: Owner of Vehicle
      Bearing Regn.No.KA.33.M.2043,
      Mahindra Bolero SLX,
      R/o Near Hiremath, Kalagi,
      Tq. Chittapur, Dist. Kalaburagi-585 261.

3.    The Divisional Manager,
      United India Insurance Co. Ltd.,
      Jawali Complex, Super Market,
      Kalaburagi-585 102.
      Policy No.2402003116P100224839
      Valid from 11.04.2016 to 10.04.2017.

                                          ... Respondents

(V/o dated 06.04.2021 notice to R1 and R2 are dispensed with;

By Sri. Sanjay M.Joshi, Advocate for R3)

This Miscellaneous First Appeal is filed under Section 173(1) praying to call for records and modify the judgment and award dated 21.01.2019 passed by the learned I Addl. Senior Civil Judge & MACT at Kalaburagi in MVC No.781/2017 by enhancing the compensation amount to Rs.6,40,600/- and also enhance the interest payable by the respondents on the compensation amount, and further be pleased to allow this appeal filed by the appellant herein.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

The learned counsel for the appellant/claimant 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

global compensation of Rs.30,000/- (Rupees Thirty

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. Entire amount shall be released in favour of

the claimant.

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

SMP