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Gadigewwa W/O Hanamappa Malali And Ors vs Hussain Mohammedsab Mulla And Anr
2023 Latest Caselaw 10059 Kant

Citation : 2023 Latest Caselaw 10059 Kant
Judgement Date : 9 December, 2023

Karnataka High Court

Gadigewwa W/O Hanamappa Malali And Ors vs Hussain Mohammedsab Mulla 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.202694/2022 (MV)

             Lok Adalat No.583/2023
BETWEEN:

1.    GADIGEWWA
      W/O HANAMAPPA MALALI,
      AGE: 63 YEARS, OCC: NIL,

2.    LAKKAWWA
      W/O IRAPPA MALALI,
      AGE: 35 YEARS, OCC: HOUSEHOLD WORK,

3.    RANGANATH IRAPPA MALALI,
      AGE: 16 YEARS, SINCE BY M/G MOTHER
      APPELLANT NO.2

4.    MANJUNATH IRAPPA MALALI,
      AGE: 14 YEARS, SINCE BY M/G MOTHER
      APPELLANT NO.2,

5.    SUSHMITA
      D/O IRAPPA MALALI,
                          2




      AGE: 11 YEARS, SINCE M/G MOTHER
      APPELLANT NO.2
      ALL ARE R/O HEBBAL IN MUDHOL TQ.
      VIJAYAPURA DISTRICT.
                                    ...APPELLANTS

(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND

1.    HUSSAIN MOHAMMEDSAB MULLA,
      AGE: 43 YEARS, OCC: BUSINESS,
      R/O PLOT NO. 130, SECTOR NO. 1018/1,
      BEHIND KAIF MASJID, ASADKHAN COLONY,
      BELAGAVI-5900001.

2.    THE MANAGER LEGAL/CLAIMS,
      RELIANCE GENERAL INSURANCE CO. LTD.,
      2ND FLOOR, DARBAR SQUARE, RAM MANDIR ROAD,
      OPPOSITE BALAJI TEMPLE,
      VIJAYAPUR-586101.
                                  ...RESPONDENTS

(SRI SUBHASH MALLAPUR, ADVOCATE FOR R2 V/O DATED 07.08.2023, NOTICE TO R1 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE APPELLANT BY SUITABLY MODIFYING THE JUDGMENT & AWARD DATED 15.04.2021 PASSED BY THE COURT OF IV ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-XV, VIJAYAPURA IN MVC NO. 1398/2019.

THESE 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.9,00,000/-

(Rupees Nine Lakhs 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 apportionment, release and deposit

shall be as per the award of 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

 
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