Gangaram S/O Krishna Ingole @ ... vs Iranna S/O Chandrashekar Biradar ...
2022 Latest Caselaw 4336 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.200347/2015 (MV)
                Lok Adalat No.176/2022
Between:

1.   Gangaram S/o Krishna Ingole
     @ Hingole, Age: 71 years
     Occ: Nil

2.   Tai W/o Tanaji Ingole @ Hingole
     Age: 44 years, Occ: HH work

3.   Sharada D/o Tanaji Ingole @ Hingole
     Age: 25 Years, Occ: Nil

4.   Anita D/o Tanaji Ingole @ Hingole
     Age: 23 Years, Occ: Nil

5.   Sunita D/o Tanaji Ingole @ Hingole
     Age: 23 Years, Occ: Nil

6.   Komal D/o Tanaji Ingole @ Hingole
     Age: 17 Years, M/G by appellant No.2

7.   Shubham S/o Tanaji Ingole @ Hingole
     Age: 14 Years, M/G by appellant No.2
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8.     Sanket S/o Tanaji Ingole @ Hingole
       Age: 12 Years, M/G by appellant No.2

       All are R/o Hunnur
       Tq. Mangalaweda, Dist. Solapur-416416

                                                ... Appellants
(By Sri Sanganagouda V. Biradar, Advocate)

And:

1.     Iranna S/o Chandrashekar Biradar
       Age: 44 years, Occ: Business
       R/o Kavalagi, Tq. & Dist. Bijapur-586101

2.     Muneer S/o Modinsab Yaliwal
       Age: 49 years, Occ: Business
       R/o H.No.28, Belamkar Oni
       Near Vithal Mandir
       Old Hubli, Hubli-580024

3.     The Branch Manager
       Cholamandalam General
       Insurance Co. Ltd., "Dare House"
       2nd Floor, N.S.C. Bose Road
       Chennai-600001
                                              ... Respondents

(By Sri Sanganabasava B. Patil, Advocate for R1; Sri C.S. Kalburgi, Advocate for R3 Notice to R2 is held sufficient v/o dated 23.11.2016)

This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, praying to allow this appeal, modify the judgment and award dated 16.10.2014 passed by the MACT No.XII, at Vijayapura, in MVC No.1681/2011.

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.20,00,000/- (Rupees

Twenty 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. Award of the Tribunal with regard to

apportionment, deposit and release is maintained.

However, the enhanced compensation shall be released in

favour of the appellants/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

swk