Karnataka High Court
Nehara Ray And Anr vs Hameed Akbar And Ors 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.200772/2020 (MV)
Lok Adalat No.551/2023
BETWEEN:
1. NEHARA RAY
S/O HAMANI CHANDRA RAY,
AGE: 52 YEARS, OCC: COOLIE,
R/O NO.2 CAMP, SINDHANOOR,
TQ. SINDHANOOR,
NOW AT LBS NAGARA,
RAICHUR-584101.
2. SMT. GOURY RAY @AGERI RAY
W/O NEHARA RAY,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O NO.2 CAMP, SINDHANOOR,
TQ. SINDHANOOR,
NOW AT LBS NAGARA,
RAICHUR-584101.
...APPELLANTS
2
(BY SRI. B.K. HIREMATH, ADVOCATE)
AND
1. HAMEED AKBAR
S/O DADAMIYA,
AGE: MAJOR, OCC: DRIVER,
R/O NEAR VENKATESHWAR TEMPLE,
GANGAVATI, TQ. GANGAVATI,
DIST. KOPPAL-583227.
2. N. SAYIRAM
S/O N. SATHARAJ,
AGE: MAJOR, OCC: OWNER OF LORRY
NO. KA-36/8555, R/O H.NO. 189,
SAYIGOKUL CAMP (P), BASAVANNA CAMP,
TQ. MANVI, DIST. RAICHUR-584123.
3. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
BRANCH OFFICE, NEAR GUNJ CIRCLE,
RAICHUR-584101.
...RESPONDENTS
(SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R3;
R1 & R2 ARE SERVED, UN-REPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE
II ADDITIONAL DISTRICT AND SESSIONS JUDGE &
ADDITIONAL MACT AT RAICHUR IN MVC NO. 453/2016
DATED 18.08.2017 AND ENHANCE THE COMPENSATION
AMOUNT FROM RS. 7,37,000/- TO RS. 30,00,000/- AS
PRAYED HOLDING THE RESPONDENTS NO.1 TO 3 LIABLE
TO PAY THE COMPENSATION TO THE APPELLANTS.
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.2,30,000/- (Rupees Two
Lakhs Thirty 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
