Yallamma And Ors vs Salim And Anr
2023 Latest Caselaw 10057 Kant

Karnataka High Court

Yallamma And Ors vs Salim 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.201676/2022 (MV)

             Lok Adalat No. 577/2023


BETWEEN:

1.    YALLAMMA
      W/O ERAPPA,
      AGE: 50 YEARS, OCC: HOUSEWIFE,

2.    MEENAKSHI
      D/O ERAPPA,
      AGE: 28 YEARS, OCC: HOUSEHOLD,

3.    BHEEMANNA
      S/O ERAPPA,
      AGE: 26 YEARS, OCC: STUDENT,

      ALL ARE R/O A/P NAGANOOR,
                            2




       TQ. SURPUR, DIST. YADGIR,
       NOW R/O CIB COLONY,
       KALABURAGI.
                                        ...APPELLANTS

(BY SMT. SRIDEVI J. TUPPAD, ADVOCATE)

AND:

1.     SALIM
       S/O NABISAB HASANAPUR,
       AGE: 48 YEARS, OCC: OWNER OF VEHICLE,
       R/O NAGANUR, TQ. SHORAPUR,
       DIST. YADGIR.

2.     TATA AIG GENERAL INSURANCE CO.LTD.,
       THROUGH ITS MANAGER,
       1ST FLOOR, UNIT NO. F6 & F8,
       BUSINESS PARK CENTER,
       AKKA MAHADEVI NAGAR,
       K.H.B. COLONY,
       OPP: HIGH COURT,
       KALABURAGI.
                                    ...RESPONDENTS

(SRI. S. S. ASPALLI , ADVOCATE FOR R2; V/O DATED: 12.09.2022 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES. ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.05.2022 TO ENHANCE THE COMPENSATION FROM RS.14,32,644/- TO RS.29,32,644/- AS PRAYED BY APPELLANT IN THE APPEAL MVC NO. 560/2019 COURT OF THE III ADDITIONAL SENIOR CIVIL JUDGE & MACT AT KALABURAGI BY ALLOWING THE APPEAL. ENHANCE

THE RATE OF INTEREST AWARDED FROM 6% TO 9%, AND ETC.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the Appellants/Claimants

and the representative of Respondent-Insurance

Company along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellants/Claimants have agreed to

receive and the Respondent-Insurance Company has

agreed to pay a global compensation of Rs.25,000/-

(Rupees Twenty 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 Claimants as per the apportionment

made by the Tribunal.

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