Karnataka High Court
Smt. Prabhavati W/O. Ramesh Badiger vs Sri. Saidusab Mabubsab Balager on 9 December, 2023
1
HIGH COURT LEGA L SERVI CES COMMITTEE, D HARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BEN CH
DATED THIS THE 9 T H DAY OF D ECEMBER, 2023
CONCILIAT ORS PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
SHRI, S HIVAKUMAR S.BADAWADAGI, MEMBER
M.F.A . N O.100802/2017 (MV)
LOK ADA LAT NO.1848/2023
BETWEEN:
1. SMT. PRABHAVATI W/O. RAMESH BADIGER
AGE: 25 YEARS, OCC: HOUSE HOLD WORK,
R/O: UMATAR, TQ: RAMDURG, DIST: BELGAVI.
2. KUMAR PRAJWAL S/O. RAMESH BADIGER
AGE: 5 ½ YEARS, OCC: NIL,
R/O: UMATAR, TQ: RAMDURG, DIST: BELGAVI.
3. BALARAM S/O. YAMANAPPA BADIGER
AGE: 61 YEARS, OCC: NIL,
R/O: UMATAR, TQ: RAMDURG, DIST: BELGAVI.
4. SMT. RUKMAVVA W/O. BALARAM BADIGER
AGE: 55 YEARS, OCC: HOUSE HOLD WORK,
R/O: UMATAR, TQ: RAMDURG, DIST: BELGAVI.
5. MASTER SANDEEP S/O. RAMESH BADIGER
AGE: 3 YEARS, OCC: NIL,
R/O: UMATAR, TQ: RAMDURG, DIST: BELGAVI.
2
(SINCE APPELLANTS NO.2 AND 5 BEING
MINORS R/BY APPELLANT NO.1 MOTHER)
...APPELLANTS
(BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND
1. SRI. SAIDUSAB MABUBSAB BALAGER
AGE: MAJOR, OCC: BUSINESS,
R/O. JANGAWAD, TQ: BADAMI,
DIST: BAGALKOT-587201.
2. THE DIVISIONAL MANAGER
SHRIRAM GENERAL INSURANCE
COMPANY LTD.,
8.5 SECOND FLOOR, MOUNICH CHAMBER,
INFANTORY ROAD,
BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C.KALLOORI, ADVOCATE FOR R2)
(NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2016
PASSED IN MVC NO.1666/2014 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, RAMDURG, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK
ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING
CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned counsel for the appellants and the
representative of Respondent No.2-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 No.2-Insurance Company has agreed to pay a global
compensation of Rs.6,25,000/- (Rupees Six Lakh Twenty Five
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. Out of the said amount of Rs.6,25,000/-,
appellants/claimants No.1 to 5 are equally entitled to a sum of
Rs.1,25,000/- each. The entire amount falling to the share of
appellants No.1, 3 and 4 shall released in their favour, digitally.
The entire amount falling to share of minor appellants No.2 and
5 shall be invested in a Fixed Deposit in a Nationalised Bank till
they attain the age of majority.
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
KMS
