Sangita W/O Viju @ Vijay Rathod And ... vs Appasab Jagannath Gagare And Anr
2022 Latest Caselaw 4373 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 ASHOK S. KINAGI
                          AND
              SRI K.A.KALBURGI, MEMBER

              M.F.A. No.200961/2021 (MV)
                 Lok Adalat No.42/2022
Between:
1.   Sangita W/o Viju @ Vijay Rathod,
     Age: 37 years, Occ: H H Work,
2.   Komal S/o Viju @ Vijay Rathod,
     Age: 15 years, Occ: Student,
3.   Payal D/o Viju @ Vijay Rathod,
     Age: 13 years, Occ: Student,

4.   Rohit S/o Viju @ Vijay Rathod,
     Age: 11 years, Occ: Student,

5.   Akshata D/o Viju @ Vijay Rathod,
     Age: 10 years, Occ: Student,

6.   Vinit S/o Viju @ Vijay Rathod,
     Age: 8 & 1/2 years, Occ: Student,

      Appellant Nos.2 to 6 are minors
     represented by M/G by appellant No.1
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       All are R/o Kavalagi Village,
       Tq. and Dist. Vijayapur-586 101.
                                                 ... Appellants

(By Sri Sanganagouda V. Biradar Advocate)

And:

1.     Appasab Jagannath Gagare,
       Age: Major, Occ: Business,
       A/p: Wokodi, MIDC Road, Tq: Nagar,
       Ahmednagar, Maharastra-414 001.

2.     The General Insurance Co. Ltd.
       ICICI Lombard House 414 Veer Marg,
       Siddivinyak Temple, Prabhadevi,
       Mumbai-400025.
       Summons to be served
       The General Insurance Co., Ltd.,
       ICICI Lombard Polytechnic Cross,
       Bagalkot Road,
       Vijayapur-586 101.
                                               ... Respondents

(By Sri Manjunath Mallayya Shetty, Advocate for R2; V/o dated 12.08.2021 notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act praying to allow this appeal by modifying the judgment and award dated 31.08.2015, passed by the Motor Accident Claims Tribunal No.VII at Vijayapur, in MVC No.1907/2013, and enhance the award.

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.7,75,000/- (Rupees

Seven Lakhs Seventy 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. Out of the enhanced amount of Rs.7,75,000/-, a

sum of Rs.1,50,000/- shall be released in favour of

appellant No.1 and out of the remaining amount, a sum of

Rs.1,25,000/- each shall go to the share of appellant Nos.2

to 6. Share of appellant Nos.2 to 6 shall be kept in fixed

deposit in any Nationalized Bank or Scheduled Bank at the

desire of claimants till they attain the age of majority.

However, appellant Nos.2 to 6 are at liberty to opt for

release of periodical accrued interest on the said deposit in

their favour.

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 NB* Ct: SMP