Smt Manjula Bai W/O Late Shivaji @ ... vs Vadde Naresh S/O Vadde Anjaiah And ...
2022 Latest Caselaw 4308 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.200100/2021 (MV)
                Lok Adalat No.199/2021
Between:
1.   Smt. Manjula Bai W/o
     Late Shivaji @ Shivaji Rao
     Aged about: 36 years

2.   Ganesh S/o Late Late Shivaji
     @ Shivaji Rao, Age:18 years

3.   Gouribai @ Gouramma D/o
     Late Shivaji @ Shivaji Rao
     Age: 16 years, Minor

     Appellant No. 3 is minor by next
     friend natural mother appellant No.1
     All are R/o S.B.Colony, Sindhanur-584 128

4.   Gangaram S/o Shivappa Sugate
     Age: 62 years

5.   Laxmibai W/o Gangaram Sugate
     Age: 57 years

     Both are R/o Near Sunkada Katte
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       Magadi Road, Sallapuradamma Temple
       Locality, 5th Cross, Bangalore-91
       Now residing at S.B.Colony
       Sindhanur-584 128

                                              ... Appellants
(By Sri Basawaraj R.Math, Advocate)

And:

1.     Vadde Naresh S/o Vadde Anjaiah
       Age: 32 years, Occ: Driver of Lorry
       No.AP.28/TC-9549
       R/o 1/28, Nakkalapalle, Moinabad
       Rengaredddy District, Andhra Pradesh-501504

2.     Patalolla Ranghunatha Reddy
       S/o P. Laxma Reddy
       Age: Major, Owner of Lorry
       No.AP.28/TC-9549
       R/o:H.No.4-1-29/2, Kalika Nagar
       Bandelagudda Jahageer
       Rangareddy, A.P-500 030

3.     The Branch Manager,
       IFFCO TOKIO General Insurance
       Company Ltd.,
       Customer Service Center
       Sri. Shanti Tower, 5th floor
       141, 3rd main East of NGEF Lay out
       Kasturi Nagar, Bangalore-560 043

                                            ... Respondents

(By Smt. Preeti Patil Melkundi, Advocate for R3; V/o dated 04.02.2021 notice to R1 & 2 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act, praying to allow this appeal

and modify the impugned judgment and award dated 18.01.2018, passed by the Senior Civil Judge & JMFC, at Sindhanur in M.V.C No.100/2014.

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

CONCILIATION ORDER

The learned counsel for the appellants/claimants 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.7,00,000/- (Rupees

Seven Lakh 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. The order of apportionment, deposit and release

ordered by the Tribunal is maintained.

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

swk