Gangamma D/O Ninganna Belladavar vs Dattatreya And Anr
2023 Latest Caselaw 10026 Kant

Karnataka High Court

Gangamma D/O Ninganna Belladavar vs Dattatreya 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 M.G.S. KAMAL
                       AND
    SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.200135/2023 (MV)

             Lok Adalat No.563/2023
BETWEEN:

GANGAMMA
D/O NINGANNA BELLADAVAR,
AGE: 20 YEARS, OCC: STUDENT,
R/O H.NO. 93, NANDINI LAYOUT,
MARUTI NAGAR, 4TH CROSS,
BENGALURU,
NOW AT MALGATTI, TQ. CHITTAPUR,
DIST. KALABURAGI.
                                    ...APPELLANT


(BY SRI. SANJEEV PATIL, ADVOCATE)
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AND:

1.     DATTATREYA
       S/O SHIVASHARANAPPA BIRADAR,
       AGE: MAJOR, OCC: OWNER OF MOTORCYCLE,
       NO. KA-32/EQ-9692,
       R/O BOSAGA(B),
       POST: ITAGI, TQ. JEWARGI,
       DIST. KALABURAGI-585310.


2.     THE TATA AIG GENERAL INSURANCE CO. LTD.,
       PENINSULA BUSINESS PARK, TOWER-A,
       15TH FLOOR, G.K. MARG, LOWER PANEL,
       MUMBAI-400013,
       THROUGH ITS,
       DIVISIONAL MANAGER,
       HALL MARK BUILDING,
       3RD FLOOR, DESAI CROSS,
       HUBBALLI-580029.
                                    ...RESPONDENTS

(SRI. SUBHASH MALLAPUR , ADVOCATE R2; V/O DATED: 03.02.2023 NOTICE TO R1 DISPENSE WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE ENTIRE LOWER COURT RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 20.09.2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE & MACT AT CHITTAPUR IN MVC NO. 190/2021 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR.

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.40,000/- (Rupees

Forty 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