Smt. Sangamma vs Shankar And Anr
2023 Latest Caselaw 10012 Kant

Karnataka High Court

Smt. Sangamma vs Shankar And Anr on 9 December, 2023

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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 9TH DAY OF DECEMBER, 2023
              CONCILIATORS PRESENT
        THE HON'BLE MR. JUSTICE C.M.JOSHI
                       AND
       SRI. LIYAQAT FAREED USTAD , MEMBER
            M.F.A. NO.202194/2022 (MV)
              Lok Adalat No. 458/2023
BETWEEN:

       SMT.SANGAMMA W/O SHANKAR BIRADAR,
       AGE:51 YEARS,
       OCC: LABOUR AND HOUSEHOLD, NOW NIL,
       R/O NEAR HANUMAN TEMPLE,
       BHAVANI NAGAR, KALABURAGI.
                               ...APPELLANT

(BY SRI NAGARAJ PATIL, ADVOCATE)

AND:

1.     SHANKAR S/O SHARANAPPA BIRADAR,
       AGE: MAJOR, R/O RING ROAD, NEAR HANUMAN
       TEMPLE, BHAVANI NAGAR, KALABURAGI-585102.
       OWNER OF HONDA MOTORCYCLE SCOOTER
       BEARING NO.KA-32-EK/0489.
                                  2




2.    THE DIVISIONAL MANAGER,
      UNITED INDIA INSURANCE CO. LTD.,
      OPP: SANGAMMA TALKIES,
      SUPER MARKET, KALABURAGI-585102.
                                ...RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH; BY SRI MANVENDRA REDDY, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 02.08.2021 IN MVC NO. 449/2020 PASSED BY THE PRL. SENIOR CIVIL JUDGE CJM, KALABURAGI, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS CLAIMED IN THE APPEAL, IN THE INTEREST AND JUSTICE AND EQUITY.

THESE APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

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.1,00,000/- (Rupees One 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 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