Salemma W/O Ameensab Kandagal vs Parmeshwar And Anr
2023 Latest Caselaw 10053 Kant

Karnataka High Court

Salemma W/O Ameensab Kandagal vs Parmeshwar 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.202244/2023 (MV)
            Lok Adalat No.550/2023
BETWEEN:

SALEEMA
W/O AMEENSAB KANDAGAL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O DHAVALESHWAR,
TQ. BILAGI,
DIST. BAGALKOT-587101.

                                      ...APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND

1.    PARMESHWAR
      S/O SANGAPPA MALI,
      AGE: 44 YEARS, OCC: BUSINESS,
                           2




     R/O SAVALAGI, TQ. JAMAKHANDI,
     DIST. BAGALKOT-587101.


2.   THE BRANCH MANAGER,
     NEW INDIA ASSURANCE CO. LTD.,
     HANAMSHETTY BUILDING,
     GUJRUKUL ROAD,
     VIJAYAPUR-587101

                                  ...RESPONDENTS

(SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2; V/O 12.09.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 30-03-2022 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XII, VIJAYAPUR IN MVC NO. 185/2019 AND CONSEQUENTLY BE PLEASED T ENCHANCE THE COMPENSATION FROM RS. 1,57,000/- TO RS. 10,00,000/- WITH INTEREST @12% PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION.

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.85,000/- (Rupees

Eighty 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. 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