Shantabai And Ors vs Kavita And Anr
2023 Latest Caselaw 10071 Kant

Karnataka High Court

Shantabai And Ors vs Kavita 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.203991/2023 (MV)
             Lok Adalat No.588/2023
BETWEEN:

1.    SHANTABAI
      W/O LATE SURYAKANT BIRADAR,
      AGE: 51 YEARS, OCC: HOUSEHOLD,

2.    BASAVAKUMAR
      S/O LATE SURYAKANT BIRADAR,
      AGE: 31 YEARS, OCC: UNEMPLOYED,

3.    BASAVA KIRAN
      S/O LATE SURYAKANT BIRADAR,
      AGE: 31 YEARS, OCC: UNEMPLOYED,

      ALL R/O H.NO. CHANDAPUR,
      NOW AT H.NO. 12-2-46,
      HAROORGERI BIDAR,
      TQ. AND DIST. BIDAR-585401.
                                    ...APPELLANTS
                           2




(BY SRI. SANTOSH BIRADAR, ADVOCATE)



AND

1.    KAVITA
      W/O DASHARATH,
      AGE: MAJOR, OCC: HOUSEHOLD, AND BUSINESS,
      R/O H.NO. 93,
      KHASHEMPUR VILLAGE,
      TQ. AND DIST. BIDAR-585401.

2.    THE MANAGER,
      NEW INDIA ASSURANCE CO. LTD.,
      BRANCH OFFICE NO. 8-9-265/313,
      1ST FLOOR, PADMA KUNJA COMPLEX,
      ABOVE IDBI BANK, UDGIR ROAD,
      BIDAR-585401.
                               ... RESPONDENTS

(SRI. MANVENDRA REDDY, ADVOCATE FOR R2; V/O DATED 05.12.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 01.03.2019 PASSED BY COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT BIDAR IN MVC NO. 49/2018 AND ENHANCE THE COMPENSATION AS PRAYED.

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.6,16,000/- (Rupees Six

Lakhs Sixteen 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 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