Majanabi W/O Husensab Jainapur vs Parmeshwar And Anr
2023 Latest Caselaw 10042 Kant

Karnataka High Court

Majanabi W/O Husensab Jainapur vs Parmeshwar 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 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.201884/2023 (MV)
                 Lok Adalat No.512/2023

BETWEEN:

     MAJANBI W/O HUSENSAB JAINAPUR,
     AGE: 64 YEARS,
     OCC: AGRICULTURE,
     R/O SONNA, TQ: BILAGI,
     DIST: BAGALKOT.

                                     ... APPELLANT
(BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)

AND:

1.   PARMESHWAR
     S/O SANGAPPA MALI,
     AGE: 44 YEARS,
     OCC: BUSINESS,
     R/O SAVALAGI,
     TQ: JAMAKHANDI,
     DIST: BAGALKOT.
                                 2




2.   THE BRANCH MANAGER,
     NEW INDIA ASSURANCE CO.LTS.,
     HANAMSHETTY BUILDING,
     GUJRUKUL ROAD,
     VIJAYAPUR.
     POLICY NO.71230031170100074570
     VALID FROM 22-03-2018 TO 21-03-2019

                                    ... RESPONDENTS

V/O DATED 07.07.2023 NOTICE TO R1 IS DISPENSED WITH;

(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF MOTOR VEHICLE ACT,

PRAYING TO ALLOW THE APPEAL BY MODIFYING THE

JUDGMENT AND AWARD DATED 30.03.2022 PASSED BY

THE III ADDL. SENIOR CIVIL JUDGE AND MACT-XII,

VIJAYAPUR IN MVC NO.175/2019 AND CONSEQUENTLY BE

PLEASED TO ENHANCE THE COMPENSATION FROM

RS.2,73,000/- TO RS.15,00,000/- WITH INTEREST @ 12%

PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL

REALIZATION, IN THE INTEREST OF JUSTICE AND EQUITY.

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.75,000/- (Rupees

Seventy Five 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. 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

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