Kamalabai vs Vijaykumar And Anr
2022 Latest Caselaw 4352 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 ASHOK S. KINAGI
                              AND
                 SRI K.A.KALBURGI, MEMBER

                M.F.A. No.201416/2018 (MV)
                   Lok Adalat No.83/2022

Between:
Kamalabai W/o Shivasharnappa,
Aged: 57 years, Occ: Coolie & Household,
R/o Hosalli village, Taluka: Chincholi,
Dist: Kalaburagi, Now at Shakti Nagar,
Kalaburagi.
                                                       ... Appellant
(By Sri.B.M.Kinikeri & Sri.Sanjeev Patil, Advocates)

And:

1.     Vijaykumar S/o Revansiddappa,
       Age: 42 years, Occ: Business,
       R/o village Kannadagi,
       Tq. Chittapur, Dist: Kalaburagi-585 211.
2.     The National Insurance Co. Ltd,
       Opp: Vikas Bhavan Station Road,
       Kalaburagi-585 102, through its Divisional
       Manager.
                                                    ... Respondents

(Notice to R1 is dispensed with; By Sri.Rahul R.Asture, Advocate for R2)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act praying that the judgment and award dated 3rd day of April 2018 passed by II Addl. Senior Civil Judge & MACT at Kalaburagi in MVC No.533/2016 may kindly be modified and the top noted appeal may kindly be allowed and award the compensation as prayed in the claim petition.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

Delay Condoned.

The learned counsel for the appellant/claimant and

the representative of Respondent-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant-claimant has agreed to receive and

the Respondent-Insurance Company has agreed to pay a

global compensation of Rs.65,000/- (Rupees Sixty Five

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 amount shall be released in favour of

the claimant.

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

MSR Ct: SMP