Karnataka High Court
The Legal Manager The Cholamandalam vs Ashwini 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.203126/2023 (MV)
Lok Adalat No. 503/2023
BETWEEN:
THE LEGAL MANAGER,
THE CHOLAMANDALAM
MS GENERAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE,
BLOCK NO.VIII,
NEAR S.V. PATEL CHOWK,
ASIAN PLAZA COMPLEX,
KALABURAGI.
... APPELLANT
(BY SRI. MANJUNATH MALLAYYA SHETTY, ADVOCATE)
AND:
1. ASHWINI D/O SANJEEVKUMAR,
AGE: ABOUT 20 YEARS,
OCC: HOUSEHOLD,
2
2. SNEHA D/O SANJEEVKUMAR,
AGE: ABOUT 17 YEARS,
OCC: STUDENT,
3. BHUMIKA D/O SANJEEVKUMAR,
AGE: ABOUT 15 YEARS,
OCC: STUDENT,
RESPONDENT NO. 2 & 3 ARE MINORS,
U/G OF HER AUNT SMT. POONAM
W/O BHARAMSING,
AGE: ABOUT 32 YEARS,
OCC: HOUSEHOLD,
ALL ARE R/O BEHIND POST OFFICE,
RAILWAY STATION SHAHABAD,
DIST: KALABURAGI-585228.
4. MAHESHA S/O TIPPANNA,
AGE: MAJOR, OCC: BUSINESS,
R/O NEAR DYVAMMA GUDI,
KATTISANGAVI, TQ: JEWARGI,
DIST: KALABURAGI-585310.
... RESPONDENTS
(BY SRI.NAGRAJ PATIL, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLE ACT,
PRAYING TO ALLOW THE ABOVE ,ISC. FIRST APPEAL AND
CONSEQUENTLY BE PLEASED TO MODIFIED THE
JUDGMENT AND AWARD DATED 02.01.2023 PASSED BY
THE COURT OF THE I ADDL. SENIOR CIVIL JUDGE AND
MACT KALABURAGI IN MVC NO. 677/2020, AND
CONSEQUENTLY BE PLEASED TO REDUCE COMPENSATION
AWARDED BY THE TRIBUNAL.
THIS APPEAL COMING ON FOR CONCILIATION
BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER
IS PASSED:
CONCILIATION ORDER
The learned counsel for the appellant/Insurance
Company along with its counsel and the learned
counsel for respondents-claimants Company are
present.
2. After prolonged negotiations, the matter is
settled. The respondents-claimants have agreed to
receive and the appellant-Insurance Company has
agreed to pay a global compensation of
Rs.23,00,000/- (Rupees Twenty Three Lakh only), as
against what has been awarded by the Tribunal, in full
and final settlement of the claim. The appellant has
deposited a sum of Rs.25,000/- towards statutory
payment before this Court for filing appeal and same
shall be treated as part payment towards
compromised amount and said amount be transmitted
to tribunal. 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 appellant-Insurance Company has
agreed to deposit the said amount of Rs.22,75,000/-
Twenty Two Lakh Seventy Five Thousand) before the
Tribunal within eight weeks from the date of
preparation of Award, failing which the said amount
shall carry interest at the rate of 3% 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.
The amount in deposit if any shall be transmitted
to the tribunal forthwith.
Sri.Nagraj Patil, learned counsel is permitted to
file vakalath for respondent Nos.1 to 4 within two
days.
Sd/-
JUDGE
Sd/-
MEMBER
msr
