Surekha vs Ashish And Anr
2023 Latest Caselaw 10022 Kant

Karnataka High Court

Surekha vs Ashish 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.202945/2023 (MV)

             Lok Adalat No.582/2023
BETWEEN:

SUREKHA
W/O NIVARTHI BODHE,
AGED ABOUT 31 YEARS OCC: COOLIE AND TAILORING,
NOW NIL,
R/O BANDGARWADI,
TQ. BASAVAKALYAN,
DIST. BIDAR.
                                    ...APPELLANT

(BY SRI SANJEEV KUMAR C. PATIL, ADVOCATE)

AND:

1.   ASHISH
     S/O GAYANCHAND JAIN,
                          2




  AGE: MAJOR, OCC: BUSINESS AND OWNER OF
  TATA TANKER VEHICLE NO. MH-46/F-5509,
  R/O C-901, TIARA RESIDENCY COMPLEX,
  PLOT NO. 184, SECT-13 KHARGHAR,
  TAL PANVEL, DIST. RAIGAD,
  MAHARASHTA-402107

2. THE DIVISIONAL MANAGER
   NEW INDIA ASSURANCE COMPANY,
   10-2-7, PB.NO 12, IIND FLOOR,
   S.B. TEMPLE ROAD,
   SANGAMESHWAR COLONY,
   KALABURAGI-585401.


                                     ...RESPONDENTS

(SRI MOHD. ABDUL QUAYUM, ADVOCATE FOR R2; VIDE ORDER DATED 11.10.2023, NOTICE TO R1 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 28.11.2016 PASSED BY THE IIND ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDITIONAL MACT, BIDAR, SITTING AT BASAVAKALYAN, IN MVC.NO. 148/2016, AND ENHANCE THE COMPENSATION AMOUNT.

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.80,000/- (Rupees

Eighty 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