Bhutli And Anr vs Raju P And Anr
2023 Latest Caselaw 10009 Kant

Karnataka High Court

Bhutli And Anr vs Raju P And Anr 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 9TH DAY OF DECEMBER, 2023

             CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE M.G.S.KAMAL

                       AND
      SRI. SHARANAGOUDA V. PATIL, MEMBER

           M.F.A. NO.201313/2022 (MV)

             Lok Adalat No. 587/2023

BETWEEN:

1.    BHUTALI
      S/O NINGAPPA @ NINGANNA NAGANSURE,
      AGE: 56 YEARS, OCC: COOLIE WORK,

2.    REVAMMA
      W/O BHUTALI NAGANSURE,
      AGE: 43 YEARS, OCC: HOUSEHOLD WORK AND
           COOLIE,

      BOTH R/O DOBALE GALLI
      VIJAYAPUR-586101.
                                   ...APPELLANTS

(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
                           2




AND

1.    RAJU P
      AGE: 51 YEARS, OCC: OWNER OF TANKER,
      R/O 7RCC, 206-261, S.G.MUTT ROAD,
      CHAMARAJPET,
      BENGALURU-560001.


2.    THE MANAGER (LEGAL),
      TATA AIG GENERAL INSURANCE. CO. LTD.,
      3RD FLOOR, JP AND DEVI
      JAMBUKESHWAR ARCADE NO.69,
      MILLERS ROAD,
      BENGALURU-560052
                                   ...RESPONDENTS

(SRI. C. S. KALBURGI, ADVOCATE FOR R2; V/O DATED 10.08.2022 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PLEASED TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 13.09.2021 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V AT VIJAYAPURA IN MVC NO. 782/2016.

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.7,50,000/- (Rupees

Seven Lakhs Fifty 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. The apportionment, release and deposit shall

be as per the award of 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

LG