Mahadevi vs Shivanand And Ors
2023 Latest Caselaw 10027 Kant

Karnataka High Court

Mahadevi vs Shivanand And Ors 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 09TH DAY OF DECEMBER, 2023

                CONCILIATORS PRESENT

           THE HON'BLE MR. JUSTICE C M JOSHI
                          AND
          SRI. LIYAQAT FAREED USTAD, MEMBER

               M.F.A. No.203217/2023 (MV)
                 Lok Adalat No.457/2023

BETWEEN:

     MAHADEVI W/O LAXUMAN,
     AGE: 41 YEARS, OCC: LABOUR & HOUSEHOLD,
     R/O MEENKERA VILLAGE,
     TQ: HUMNABAD, DIST: BIDAR,
     NOW AT R/O H.NO: 12-1-220/1,
     CHANBASVANAGAR, BEHIND KARNATAKA COLLEGE,
     BIDAR, TQ: HUMNABAD, DIST: BIDAR-585401.

                                            ... APPELLANT
(BY SRI. SANTOSH BIRADAR, ADVOCATE)

AND:

1.   SHIVANAND S/O KASHAPPA SHIRIKAR,
     AGE: MAJOR, OCC: BUSINESS,
     R/O WALKHINDI,
     TQ: HUMNABAD-585330,
     DIST: BIDAR.
                                2




2.   MEHBOOB S/O MOINUDDIN,
     AGE: MAJOR, OCC: BUSINESS,
     R/O KOLIWADA, MANNA-E-KHELLI,
     TQ: HUMNABAD-585330, DIST: BIDAR.

3.   UNITED INDIA INSURANCE CO. LTD.,
     SHOP NO: 1 & 2, ASIAN PLAZA,
     BESIDE SYNDICATE BANK, HUMNABAD,
     DIST: BIDAR-585401.
     BRANCH OFFICE AT BIDAR,
     REP BY ITS MANAGER

                                           ... RESPONDENTS

(NOTICE TO R1 AND R2 IS DISPENSED WITH BY SRI. MANVENDRA REDDY, ADVOCATE FOR R3)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO ALLOW THE APPEAL, MODIFY IMPUNGED JUDGMENT AND AWARD DATED: 30.03.2019 PASSED BY THE COURT OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, AT HUMNABAD, IN MVC NO: 615/2017, AND ENHANCE COMPENSATION AS PRAYED FOR, IN THE INTEREST OF JUSTICE.

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.3,40,000/-

(Rupees Three Lakh 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 order of apportionment and deposit

ordered by the Tribunal shall hold good for the

compensation awarded in this appeal.

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