Mallappa And Anr vs Saddam Hussain Tahasildar And Ors
2023 Latest Caselaw 10063 Kant

Karnataka High Court

Mallappa And Anr vs Saddam Hussain Tahasildar And Ors 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.201370/2023 (MV)
                Lok Adalat No. 478/2023

BETWEEN:

1.   MALLAPPA S/O AMATEPPA,
     AGE: 35 YEARS, OCC: NIL,
     R/O KALLURU VILLAGE,
     TQ: SINDHANUR,
     DIST: RAICHUR-583121.

2.   SMT. LAXMI W/O MALLAPPA,
     AGE: 30 YEARS, OCC: HOUSEHOLD,
     R/O KALLUR VILLAGE,
     TQ: SINDHANUR,
     DIST: RAICHUR-583121.

                                           ... APPELLANT
(BY SRI. BASAVARAJ R MATH, ADVOCATE)
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AND:

1.   SRI. SADDAM HUSSAIN TAHASILDAR
     S/O DADESAB, DRIVER OF TRAVELER
     VEHICLE NO.KA-03/AB-2585,
     R/O H.NO.1339/ WARD NO.2 HADAPADA ONI,
     POST: HANUMASAGAR, TQ: KUSTAGI,
     DIST: KOPPAL-583231.

2.   AUGASTA INTERNATIONAL FOUNDATION,
     AT-ON KATHARIYA HOUSE NO.219,
     KAMARAJ ROAD, BANGALORE-560042.

3.   THE AUTHORIZED SIGNATORY,
     THE MANAGER OF THE ORIENTAL INSURANCE
     COMPANY LIMITED NO.20, 2ND FLOOR,
     9TH MAIN OPP: PAI VICEROY HOTEL-JAYANAGAR,
     3RD BLOCK, BENGALURU-560011.

                                    ... RESPONDENTS

(VIDE ORDER DATED: 31.07.2023 NOTICE TO R1 & R2 ARE DISPENSED WITH BY SRI. J AUGUSTIN, ADVOCATE FOR R3)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO CALL FOR RECORDS AND ENHANCED THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 22.08.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT SINDHANUR IN MVC NO.416/2017, 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 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.2,50,000/-

(Rupees Two Lkah Fifty 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

NR/-