Karnataka High Court
Shanti @ Shantibai And Ors vs Anilkumar S. Rampur And Ors on 9 December, 2023
1
HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
BEFORE THE LOK-ADALAT
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 09TH DAY OF DECEMBER, 2023
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE C M JOSHI
AND
SRI. LIYAQAT FAREED USTAD, MEMBER
M.F.A. No.200160/2021 (MV)
Lok Adalat No.511/2023
BETWEEN:
1. SHANTI @ SHANTIBAI
W/O GOPAL CHAVAN,
AGE: 48 YEARS, OCC: HOUSEHOLD,
2. PANDU S/O GOPAL CHAVAN,
AGE: 21 YEARS, OCC: STUDENT,
3. KALU S/O GOPAL CHAVAN,
AGE: 18 YEARS, OCC: STUDENT,
4. KAVITA D/O GOPAL CHAVAN,
AGE: 16 YEARS, OCC: STUDENT,
APPELLANT NO.4 IS MINOR
U/G GUARDIANSHIP OF HER
NATURAL MOTHER APPELLANT NO.1
SHANTI @ SHANTIBAI W/O GOPAL CHAVAN,
ALL R/O SHIVNAGAR PATTU NAYAK TANDA, TQ:
CHITTAPUR, NOW AT H.NO:10-227, SUBHASH
2
CHOWK, BRAHMPUR,
GULBARGA-585104.
... APPELLANT
(BY SRI. ANAND V. TURE AND
SRI. RAJNESH R LOMTE, ADVOCATES)
AND:
1. ANILKUMAR S. RAMPUR,
AGE: MAJOR, OCC: OWNER OF LORRY BEARING
REG. NO: KA-28/A-4344,
R/O GURUPADESHWAR NAGAR,
NO.10, VRL BACKSIDE, IBRAHIMPUR-B,
BHAGEWADI ROAD, BIJAPUR.
2. AKHIL AHMED S/O SYED HUSSAINI,
AGE: MAJOR, OCC: OWNER OF TATA LORRY
BEARING REG. NO. KA-28/A-4344,
R/O WARD NO: 10, CHITTAPUR,
DIST: KALABURAGI.
3. THE ORIENTAL INSURANCE COMPANY LIMITED,
THROUGH ITS DIVISIONAL MANAGER,
N.G.COMPLEX, OPP MINI VIDHAAN SOUDHA,
MAIN ROAD, KALABURAGI-585102.
... RESPONDENTS
(R1 & R2 ARE SERVED
BY SRI. SANJAY M. JOSHI, ADVOCATE) FOR R-3
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLE ACT,
PRAYING TO ALLOW THE APPEAL BY MODIFYING THE
IMPUGNED JUDGMENT AND AWARD DATED 01.01.2018
PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND
M.A.C.T KALABURAGI IN M.V.C NO: 374/2014 AND
CONSEQUENTLY BE PLEASED TO ENHANCE THE
COMPENSATION, IN THE INTEREST OF JUSTICE AND
EQUITY.
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.2,00,000/-
(Rupees Two 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. The order of apportionment and deposit
ordered by the Tribunal shall hold good for the
compensation awarded in this appeal.
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
NR/-
