Sonabai And Ors vs Hussain And Anr
2023 Latest Caselaw 9908 Kant

Karnataka High Court

Sonabai And Ors vs Hussain 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 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.201183/2022 (MV)
                Lok Adalat No.484/2023

BETWEEN:

1.   SONABAI W/O PURU @ PURUSHOTTAM RATHOD,
     AGE: 56 YEARS, OCC: HOME MAKER,

2.   YASHWANT S/O PURU @ PURUSHOTTAM RATHOD,
     AGE: 36 YEARS, OCC: COOLIE,

3.   DATTY S/O PURU @ PURUSHOTTAM RATHOD,
     AGE: 38 YEARS, OCC: NIL,

4.   DASHRATH S/O PURU @ PURUSHOTTAM RATHOD,
     AGE: 37 YEARS, OCC: NIL,

5.   SANTOSH S/O PURU @ PURUSHOTTAM RATHOD,
     AGE: 35 YEARS, OCC: NIL,

     ALL ARE R/O JAL NAGAR,
     VIJAYAPURA-586101.
                                    ... APPELLANTS
(BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)
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AND:

1.   HUSSAIN S/O HANEEFSAB,
     R/O ATNOOR, TALUKE AFZALPUR,
     DISTRICT: KALABURAGI-585301.

2.   THE BRANCH MANAGER,
     ORIENTAL INSURANCE COMPANY LIMITED,
     FIRST FLOOR, BIDARI COMPLEX,
     S.S. FRONT ROAD,
     VIJAYAPURA-586101.

                                             ... RESPONDENTS

(VIDE ORDER DATED 29.07.2022 NOTICE TO R1 IS DISPENSED WITH BY SRI. SANJAY M JOSHI, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO ALLOW THE APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 15.06.2020 PASSED BY THE COURT OF IV ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT-XIII, AT VIJAYAPURA, IN M.V.C NO.484/2015, 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.1,50,000/-

(Rupees One Lakh 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. The order of apportionment and deposit

ordered by the Tribunal shall hold good for the

compensation awarded in this appeal.

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

SMP