Mareppa And Ors vs Saibaba S/O Bhimarai And Anr
2022 Latest Caselaw 4310 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.200081/2022 (MV)


                Lok Adalat No.168/2022


BETWEEN:


01.    MAREPPA S/O MALLAPPA BALAPPANOR
       AGE: 60 YEARS OCC: NIL

02.    SMT. BHIMABAI W/O MAREPPA BALAPPANOR
       AGE: 49 YEARS OCC: NIL

03.    KU. KALAWATI D/O MAREPPA BALAPPANOR
       AGE: 21 YEARS OCC: NIL
       ALL ARE R/O: GANAPUR VILLAGE
       TQ & DIST: YADGIR-585 201.
                                     ... APPELLANTS

(BY SRI. SHARANAGOUDA V. PATIL, ADVOCATE)
                              2




AND:


01.    SAIBABA S/O BHIMARAI
       AGE: MAJOR OCC: OWNER OF MARUTI EECO
       BEARING NO.KA-33-M-2654
       R/O: ARKERA (K), POST RAMSAMUDRA
       TQ & DIST: YADGIR-585 201.

02.    THE DIVISIONAL MANAGER
       NATIONAL INSURANCE CO. LTD.,
       YADGIR BUSINESS CENTER, IST FLOOR
       PLOT NO.5, ANAND COMPLEX,
       MAIN ROAD, YADGIR.

                                        ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SRI. RAHUL R. ASTURE, ADVOCATE FOR R2)

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

ACT, PRAYING TO ALLOW THIS APPEAL BY MODIFY THE

JUDGMENT AND AWARD DATED 21.04.2021, PASSED BY

THE SENIOR CIVIL JUDGE AND MACT-II AT YADGIR IN

MVC.NO.147/2019 AND ENHANCE THE AWARD

COMPENSATION OF RS.15,00,000/-.

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER

CAME TO BE PASSED:

CONCILIATION ORDER

Learned counsel for the appellants and the

representative of Respondent - Insurance Company along

with its counsel are present.

2. On negotiations, the appellants and the insurer

have settled the matter for lump-sum compensation of

Rs.09,36,000/- (Rupees Nine Lakhs Thirty Six Thousand

Only), in addition to the compensation awarded by the

Tribunal, in full and final settlement of the claim of the

claimants. 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. Award of the Tribunal with regard to

apportionment, investment and release is maintained.

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