Smt. Malkamma And Ors vs Shree Hatkeshwara Cargo Movers ...
2022 Latest Caselaw 4313 Kant

                              1




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.201400/2021 (MV)
                  Lok Adalat No.192/2022

Between:
1.     Smt. Malkamma W/o Late Mallikarjun Mankari
       Age: 64 years, Occ: Household

2.     Santoshkumar S/o Late Mallikarjun
       Age: 40 years, Occ: Unemployed Coolie

3.     Vasant S/o Late Mallikarjun Mankari
       Age 36 years, Occ: Coolie

       All R/o: Siddarudha Colony
       Kapnoor Village, Tq: Dist: Kalaburagi
                                               ... Appellants
(By Sri. S. S. Sajjanshetty, Advocate)

And:

1.     Shree Hatkeshwara Cargo Movers
       (P0 18256995) through its
       Proprietor/Partner
       R/o: 205, Mangalwar Peth
       Bhor Tal Bhor, Dist: Pune
                               2




      Bhor Maharastra State-412 206
      (Owner of offending vehicle
      No.MA-12.FC-7532)

2.    The New India Assurance Co. Ltd.
      Through its Divisional Manager
      Sangameshwar Nagar, S.B.Temple Road
      Kalaburagi

                                               ... Respondents

(Sri Sudarshan M., Advocate for R2; V/o dated 08.02.2022 notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act, praying to set aside the judgment and award dated 23.06.2016 in MVC No.480/2014 passed by the learned Prl. Civil Judge and MACT at Kalaburagi and modify the award by suitable enhancement of compensation payable in accordance with law, in the facts and circumstances of the case along with interest @ 9% per annum from the date of petition.

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.1,60,000/- (Rupees One

Lakh Sixty Thousand 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. Entire enhanced amount shall be released in

favour of the claimants as per the apportionment made by

the Tribunal.

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

RSP