Smt.Sangamma W/O Ramchander ... vs Raju @ Rajkumar S/O Baburao ...
2022 Latest Caselaw 4347 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.201968/2016 (MV)
                Lok Adalat No.949/2019
Between:
1.   Smt. Sangamma W/o Ramchander Reddy
     AGe: 46 years, Occ: Household

2.   Ramchander Reddy S/o Sangareddy
     Age: 51 years, Occ: Nil, As Handicapped

3.   Goureshwari D/o Ramchander Reddy
     Age: 27 years, Occ: Household

4.   Parmeshwari D/o Ramchander Reddy
     Age: 24 years, Occ: Student

5.   Rajgopal Reddy S/o Ramchander Reddy
     Age:23 years, Occ: Student

     All R/o Atimyal, Tq: Narayankhed
     Dist: Medak A.P. Now Residing at
     Gumpa Bidar-585 401

                                           ... Appellants
(By Sri Sandeep Vijayakumar, Advocate)
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And:

1.     Raju @ Rajkumar S/o Baburao Savalgi
       Age: Major, Occ: Business
       R/o: H.No.9-3-187/2,
       Gurunagar Colony Bidar-585 401

2.     The Manager,
       Reliance General Insurance Co. Ltd.,
       Through its Branch Manager
       Reliance General Insurance Company Ltd.,
       Division Branch Hubali in Karnataka-582 118

                                             ... Respondents

(By Sri. Preeti Patil Melkundi, Advocate for R2; V/o dated 20.01.2017 notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act, praying to modify the judgment and award dated 24.01.2014, passed in MVC No.106/2012 on the file of the Court of the Principal Motor Accident Claims Tribunal and Principal District Judge at Bidar and allow this appeal by enhancing the compensation amount from Rs.5,86,000/- to Rs.30,50,000/- only as claimed by the appellants before the Tribunal.

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.2,70,000/- (Rupees Two

Lakh Seventy 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

swk