Kamalabai W/O Late Bhagreddy vs Abdul Samad S/O Abdul Nabi And Ors
2022 Latest Caselaw 4311 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.200274/2020 (MV)

                Lok Adalat No.154/2022

BETWEEN:

KAMALABAI W/O LATE BHAGREDDY
AGE: 49 YEARS OCC; HOUSEHOLD
R/O: VILLAGE CHIKLI-J,
TQ: AURAD-B DIST: BIDAR - 585 326.
                                         ... APPELLANT
(BY SRI BASAVARAJ R. MATH, ADVOCATE)

AND:


01.    ABDUL SAMAD S/O ABDUL NABI
       AGE: MAJOR OCC: BUSINESS AND OWNER OF
       LORRY BEARING NO.TS-12-UA-6159
       R/O: H.NO.3-4-52, MOMIN MOHALLA
       ZAHERABAD
       DIST: MEDAK - TELANGANA-502220.
                           2




02.   NATIONAL INSURANCE CO. LTD.,
      REPRESENTED BY ITS BRANCH MANAGER
      NATIONAL INSURANCE COMPANY
      BRANCH OFFICE, OPPOSITE NEHRU STADIUM
      BIDAR-585 401.

03.   BALREDDY S/O LATE BHAGAREDDY
      AGE: 32 YEARS OCC: LABOUR

04.   SHIVAREDDY @ SHIVU S/O BHAGAREDDY
      AGE: 31 YEARS OCC: LABOUR

      BOTH ARE R/O: VILLAGE CHIKLI-J
      TQ: AURAD-B
      DIST: BIDAR-585 326.

                                       ... RESPONDENTS

(NOTICE TO R1, 3 AND 4 IS DISPENSED WITH BY SRI. SANJAY M. JOSHI, ADVOCATE FOR R2)

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

ACT, PRAYING TO CALL FOR RECORDS AND MODIFY THE

IMPUGNED JUDGMENT AND AWARD DATED 09.05.2019

PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND

MACT, AURAD-B IN MVC.NO.653/2016.

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. The learned counsel for the appellant submits

that notice to respondents No.1, 3 and 4 may be dispensed

with. The said submission is placed on record and notice to

respondents No.1, 3 and 4 is dispensed with at the risk of

the appellant.

3. I.A.No.1/2020 is filed by the appellant seeking

condonation of delay of 169 days in filing the appeal.

4. The learned counsel for the respondent -

insurance company has opposed to condone the delay.

5. Accepting the grounds urged in the affidavit

accompanying the application, the delay of 169 days in

filing the appeal is condoned, subject to condition that the

appellant is not entitled for the interest on the enhanced

compensation, for the delayed period. Hence,

I.A.No.1/2020 is allowed.

6. The learned counsel Sri. Sanjay M. Joshi, is

permitted to file Vakalath for the respondent No.2.

7. On negotiations, the appellant and the insurer

have settled the matter for lump-sum compensation of

Rs.10,00,000/- (Rupees Ten Lakhs 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.

8. 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.

9. Award of the Tribunal with regard to

apportionment, investment and release is maintained.

10. 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