Malashri W/O Sanjeev Bammanalli And Anr vs Dilip S/O Tulashiram Jadhav And Ors
2023 Latest Caselaw 9922 Kant

Karnataka High Court

Malashri W/O Sanjeev Bammanalli And Anr vs Dilip S/O Tulashiram Jadhav 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.SHARANAGOUDA V. PATIL, MEMBER

           M.F.A. NO.201670/2023 (MV)

             Lok Adalat No.571/2023
BETWEEN:

1.    MALASHRI
      W/O SANJEEV BAMMANALLI,
      AGE: 36 YEARS, OCC: HOUSEHOLD WORK,

2.    SANJIV
      S/O BALAPPA BAMMANALLI,
      AGE: 38 YEARS, OCC: AGRICULTURE,

      BOTH ARE R/O: CHIKKASINDAGI, TQ. SINDAGI,
      DIST. VIJAYAPURA,
      NOW RESIDING AT IBRAHIMPUR,
      VIJAYAPURA-586101.

                                     ...APPELLANTS

(BY SRI. KOUJALAGI C.L., ADVOCATE)
                          2




AND

1.    DILIP
      S/O TULASHIRAM JADHAV,
      AGE: 50 YEARS, OCC: AGRICULTURE,
      R/O: TULASIRAM MANASA RESIDENCY,
      DARGA ROAD,
      VIJAYAPURA-586101.

2.    MAHESH
      S/O SHANKAR SURYAVANSHI,
      AGE: 50 YEARS, OCC: AGRICULTURE,
      R/O: JALAGERI L.T.NO.2,
      TQ. AND DIST. VIJAYAPURA-586101.

3.    THE BRANCH MANAGER,
      NEW INDIA ASSURANCE CO. LTD.,
      HANAMASHETTI BUILDING, 1ST FLOOR,
      GURUKUL ROAD, VIJAYAPURA-586101.

                                      ...RESPONDENTS

(SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R3; V/O DATED 24.07.2023 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 05.09.2022 PASSED IN MVC NO. 465/2020 ON THE FILE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO. VII, VIJAYAPURA AT VIJAYAPURA. AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION

AMOUNT OF RS. 14,99,990/- ONLY AS CLAIMED BY THE APPELLANT.

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. 40,000/-

(Rupees Forty 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