Citation : 2022 Latest Caselaw 4659 Kant
Judgement Date : 12 March, 2022
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2022
CONCILIATORS PRESENT
THE HON'BLE MR.JUSTICE B. VEERAPPA
AND
SRI M.N. UMASHANKAR, MEMBER
MFA No.4967/2019 (MV)
LOK ADALAT No.506/2022
BETWEEN:
1. SMT. KOBAKU BHAGAVATHI
W/O DECEASED K SRINIVASALU REDDY @ SRINIVAS REDDY
AGED 49 YEARS
2. KOBAKU DIVYA
D/O DECEASED K SRINIVASALU REDDY @ SRINIVAS REDDY
AGED 28 YEARS
3. KOBAKU DIVIJA
D/O DECEASED K SRINIVASALU REDDY @ SRINIVAS REDDY
AGED 26 YEARS
ALL ARE RESIDENTS OF NIDAGALLU VILLAGE
BALAYAPALLE MANDAL OF NELLUR DISTRICT
ANDHRA PRADESH.
...APPELLANTS
(BY SREE HARSHA A.K., ADV.)
2
AND:
1. UNITED INDIA INS COM LTD
REP BY ITS MANAGER
MICO OFFICE TALIKOTI TOWN
REP BY THROUGH ITS
DIVISIONAL MANAGER
DIVISION FFICE
UNITED INDIA INS CO LTD
AKKAMAHADEVI ROAD
P J EXTENSION
DAVANGERE - 577 002.
2. MOHAMMED RASOOL SALAVADAGI
S/O DHARESAB
AGED 47 YEARS
DRIVER OF TRUCK BEARING
REG NO AP-02/T-4056
R/O MULLA ONI RAJAVADI
TALIKOTE MUDDEBIHAL TALUK
VIJAYAPUR DISTRICT
KARNATAKA STATE
3. KASHINATH KUMBAR
S/O AVVANNA,
AGED 34 YEARS,
OWNER OF TRUCK BEARING
REG.NO.AP-02/T-4056
R/O TALIKOTI TOWN,
MUDDEBIHAL TALUK,
VIJAYAPUR DISTRICT,
KARNATAKA STATE.
4. SHAKEEL AHAMED BEPARI
S/O BUDEN SAB,
AGE MAJOR,
PREVIOUS RC OWNER & POLICY HOLDER OF
TRUCK BEARING REG NO.AP-02/T-4056
3
R/O # 726, KASABAGALLI, TALIKOTI TOWN,
MUDDEBIHAL TALUK,
VIJAYAPUR DISTRICT,
KARNATAKA STATE.
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADV. FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12/12/2018, PASSED IN MVC NO.778/2017, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND V ADDITIONAL MACT, DAVANAGERE, SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED :
CONCILIATION ORDER
The learned Counsel for the appellants - claimants, and
the learned counsel appearing for the Respondent - Insurance
Company along with its representative are present.
2. After prolonged negotiations, the matter is settled.
A joint memo signed by the learned advocate appearing for the
appellants / claimants (being authorised by the appellant/s
/claimant/s to sign) and the learned advocate appearing for the
respondent-Insurance Company and its authorised officer is
filed. The appellants - claimants have agreed to receive and the
respondent - Insurance Company has agreed to pay a lumpsum
of Rs.90,000/- (Rupees Ninety Thousand only) in addition to
what has been awarded by the Tribunal as full and final
settlement of the claim.
3. 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 9% per annum from the date of
default, till the date of deposit.
4. The entire enhanced compensation amount shall be
released in favour of the appellants - claimants, in terms of the
Judgment and Award of the Claims Tribunal.
5. The Miscellaneous First Appeal stands disposed of in
terms of the Joint Memo. The Judgment and Award passed by
the Tribunal shall stand modified accordingly. Draw the award
accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
sac*
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