Jannatbi W/O Babusha Garinavar vs Parmeshwar And Anr
2023 Latest Caselaw 10013 Kant

Karnataka High Court

Jannatbi W/O Babusha Garinavar vs Parmeshwar 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. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.202515/2023 (MV)

             Lok Adalat No.569/2023


BETWEEN:

      DULHANBI
      W/O BANDAGISAB WALIKAR,
      AGE: 64 YEARS, OCC: AGRICULTURE,
      R/O DHAVALESHWAR,
      TQ. BILAGI, DIST. BAGALKOT
                                      ...APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND

1.    PARMESHWAR
      S/O SANGAPPA MALI,
      AGE: 44 YEARS, OCC: BUSINESS,
                            2




     R/O SAVALAGI,
     TQ. JAMAKHANDI,
     DIST. BAGALKOT.

2.   THE BRANCH MANAGER,
     NEW INDIA ASSURANCE CO. LTD.,
     HANAMSHETTY BUILDING,
     GURUKUL ROAD,
     VIJAYAPUR.
                              ...RESPONDENTS

(SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2 V/O DATED 13.10.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING JUDGMENT AND AWARD DATED 30.03.2022 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XII, VIJAYAPUR IN MVC NO. 230/2019 AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION FROM RS. 25,000/- TO RS. 10,00,000/- WITH INTEREST AT 12% PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION.

THIS 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.20,000/- (Rupees Twenty

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 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

LG