Subhadramma And Anr vs Pampapati And Anr
2022 Latest Caselaw 4275 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 K.SOMASHEKAR
                           AND
                 SRI. A.M.PATIL, MEMBER
               M.F.A. No.201366/2019 (MV)
                  Lok Adalat No.199/2022

Between:

1.     Subhadramma W/o Rachayya Mathpati
       Age: 56 years, Occ: Household work

2.     Rachayya S/o Sharanayya Mathpati
       Age: 61 years, Occ: Agriculture

       Both are R/o: H.No.38/A, Sasargaon
       Tq. Chincholi, Kalaburagi-585 307
                                              ... Appellants
(By Sri Bheemaraya M.N., Advocate)

And:

1.     Pampapati S/o Bhimaraya
       Age: 34 years, Occ: Owner-Cum-Driver
       of vehicle bearing Reg.No.KA.32/A-6210
       R/o Kotnoor (D)
       Tq. & Dist. Kalaburagi-585 107

2.     The National Insurance Company Ltd.
       Through its Divisional Office by the
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      Divisional Manager
      1st Floor, Bilgundi Complex
      Opp: Mini Vidhan Soudha, Main Road
      Kalaburagi-585 102
                                               ... Respondents

(By Sri Manvendra Reddy, Advocate for R2; V/o dated 12.03.2022, notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act, praying to modify the judgment and award dated 02.08.2012 passed in MVC No.383/2011 on the file of the Court of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi at Kalaburagi, allow this appeal to grant the compensation amount by Rs.12,26,000/- only as claimed by the appellants before this Hon'ble Court and order for costs of this appeal.

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

CONCILIATION ORDER

Delay condoned.

2. In view of the submission made by the learned

counsel for the appellants, notice to respondent No.1 is

dispensed with, at the risk of the appellants.

      3.    The        learned       counsel      for       the

appellants/claimants        and      the   representative    of

Respondent-Insurance Company along with its counsel are

present.

4. 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.5,00,000/- (Rupees Five

Lakhs 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.

5. Entire enhanced amount shall be released in

favour of the claimants equally.

6. 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.

7. 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

RSP