Smt.Shobha W/O Basappa @ Basavaraj ... vs Dr.Praveen S/O Mahalingappa ...
2023 Latest Caselaw 9911 Kant

Karnataka High Court

Smt.Shobha W/O Basappa @ Basavaraj ... vs Dr.Praveen S/O Mahalingappa ... on 9 December, 2023

      HIGH COURT LEGA L SERVI CES COMMITTEE,
                DHARWAD BEN CH

              BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BEN CH

     DATED THIS THE 9 T H DAY OF D ECEMBER, 2023

              CONCILIAT ORS PRESENT:

      HON'BLE MR.J USTI CE VIJAYKUMAR A . PATIL
                        AND
         SRI.PRAS HANT MATHAPATI, MEMBER

               M.F.A .No.102588/ 2019
             (Lok A dalat No .1790/ 2023)
BETWEEN
1.  SMT.SHOBHA W/O BASAPPA
    @ BASAVARAJ GUGGARI
    AGE.30 YEARS, OCC. HOUSE WIFE
2.   KUMAR. SHASHIDHAR S/O BASAPPA
     @ BASAVARAJ GUGGARI
     AGE.14 YEARS, OCC. NIL

3.   KUMAR. SAGAR S/O BASAPPA @ BASAVARAJ GUGGARI
     AGE.12 YEARS, OCC. NIL
     APPELLANT NOS. 2 AND 3 ARE MINORS
     REP BY M/G APPELLANT NO.1

4.   SRI. SIDDAPPA S/O MALLAPPA GUGGARI
     AGE.61 YEARS, OCC. AGRICULTURE,

5.    SMT. BOURAWWA W/O SIDDAPPA GUGGARI
      AGE.54 YEARS, OCC. HOUSE WIFE
      ALL ARE R/O SANAL
      TQ. JAMKHANDI DIST. BAGALKOT
                                       ...APPELLANTS
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
                              2




AND:
1.   DR.PRAVEEN S/O MAHALINGAPPA MUNDAGANUR
     AGE.44 YEARS, OCC. DOCTOR
     R/O P.G. HOSTEL NO.2, ROOM NO.5
     BLDEA S MEDICAL COLLEGE CAMPUS
     VIJAYAPURA, DIST. VIJAYAPURA

2.   THE BRANCH MANAGER
     FUTURE GENERAL INDIA INSURANCE COM LTD.,
     6TH FLOOR, TOWER-3
     INDIA BULLS FINANCE CENTER
     SENAPATI BAPAT MARG,
     ELPHINSTONE ROAD
     MUMBAI 400013
                                         RESPONDENTS

(BY SRI. R.R.MANE, ADV. FOR R2, NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.10.2018 PASSED IN MVC NO.510/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, JAMKHANDI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellant-claimants

and the representative of Respondent-Insurance

Company along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant-claimants have agreed to

receive and the Respondent-Insurance Company has

agreed to pay a global compensation of

Rs.15,10,000/- (Rupees Fifteen Lakh and Ten

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 and disbursement of the

enhanced compensation amongst the claimants shall

be made as per the award of the Tribunal. The

enhanced compensation awarded to the appellant-

claimants No.2 and 3 shall be deposited as ordered by

the Tribunal and the share of the enhanced

compensation awarded to the claimants No.1, 4 and 5

shall be released in their favour on proper

identification.

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

NAA