Smt Shridevi W/O Subhashandra vs Mallikarjun S/O Bakappa And Anr
2022 Latest Caselaw 4272 Kant

      IN THE HIGH COURT LEGAL SERVICES COMMITTEE,

      HIGH COURT OF KARNATAKA, KALABURAGI BENCH,

                BEFORE THE LOK-ADALAT

         DATED THIS THE 12TH DAY OF MARCH, 2022

                 CONCILIATORS PRESENT

         THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                          AND

                 SRI A. M. PATIL, MEMBER

               M.F.A.No.200141/2021 (MV)

                 Lok Adalat No.265/2021

BETWEEN:

SMT. SHRIDEVI W/O SUBHASCHANDRA
AGE: 38 YEARS OCC: ATTENDER (AYAMMA)
R/O: 2/60, BLOCK NO.2,
MANNAKHELLI TQ: HUMNABAD
DIST: BIDAR, NOW AT PLOT NO.76,
OM NAGAR, KALABURAGI.
                                    ... APPELLANT

(BY SRI SHARANAGOWDA V. PATIL, ADVOCATE)

AND:

01.    MALLIKARJUN S/O BAKAPPA
       AGE: 42 YEARS OCC: OWNER OF VEHICLE
       REG.NO.KA-39-5092
       R/O: MANNAKHELLI
       TQ: HUMNABAD DIST: BIDAR - 585 353.
                           2




02.   THE NATIONAL INSURANCE CO. LTD.,
      JAWALI COMPLEX, SUPER MARKET
      KALABURAGI THROUGH ITS
      DIVISINOAL MANAGER - 585 103.


                                     ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SMT.PREETI PATIL MELKUNDI, ADV., FOR R2)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MV

ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE

JUDGMENT AND AWARD DATED 13.06.2019 PASSED BY

THE PRL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI

IN MVC.NO.184/2018 AND CONSEQUENTLY BE PLEASED

TO ENHANCE THE COMPENSATION FROM RS.1,96,038/-

TO RS.14,50,000/- WITH INTEREST @ 12% PER ANNUM

FROM THE DATE OF PETITION TILL ACTUAL REALIZATION.

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER

CAME TO BE PASSED:

CONCILIATION ORDER

Learned counsel for the appellant and the

representative of Respondent - Insurance Company along

with its counsel are present.

2. On negotiations, the claimant and the insurer

have settled the matter for lump-sum compensation of

Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only),

in addition to the compensation awarded by the Tribunal,

in full and final settlement of the claim of the claimant. A

Joint Memo is filed on behalf of the parties to that effect.

The same is recorded.

3. The insurer has agreed to deposit the said

amount before the Tribunal within six weeks from the date

of drawing of the 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.

4. The entire amount settled shall be released to

the appellant - claimant with proper identification of the

appellant - claimant.

5. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The award of the Tribunal

stands modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER KJJ