Karnataka High Court
Smt. Renuka And Ors vs Shrishail @ Sagar And Anr 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.200974/2022 (MV)
Lok Adalat No.562/2023
BETWEEN:
1. SMT. RENUKA
W/O PRAVEEN KUMAR GORE,
AGE: 27 YEARS, OCC: HOUSEHOLD,
R/O ALSTOM COLONY, SHAHABAD,
DIST. KALABURAGI,
NOW TEMPORARILY
RESIDING AT GYANGA BAWDI,
VIJAYAPUR-586101.
2. SAKSHI
D/O PRAVEEN KUMAR GORE,
AGE: 13 YEARS, OCC: STUDENT,
R/O ALSTOM COLONY, SHAHABAD,
2
DIST. KALABURAGI,
NOW TEMPORARILY,
RESIDING AT GYANGA BAWDI,
VIJAYAPUR-586101.
3. SMITHA
D/O PRAVEEN KUMAR GORE,
AGE: 11 YEARS, OCC: STUDENT,
R/O ALSTOM COLONY, SHAHABAD,
DIST. KALABURAGI,
NOW TEMPORARILY,
RESIDING AT GYANGA BAWDI,
VIJAYAPUR-586101.
(SINCE APPELLANTS NO.2 AND 3 ARE
MINORS REPRESENTED BY APPELLANT
NO.1 AS THEIR GUARDIAN)
4. MAHADEVI
W/O MALLESHAPPA GORE,
AGE: 61 YEARS, OCC: HOUSEHOLD,
R/O KAKADE NAGAR, MULEGAON ROAD,
SOLAPUR,
NOW TEMPORARILY,
RESIDING AT GYANGA BAWDI,
VIJAYAPUR-586101.
...APPELLANTS
(BY SRI. KOUJALAGI C.L, ADVOCATE)
AND
1. SHRISHAIL @SAGAR SHIVANAND RAMANSHETTI,
AGE: 42 YEARS, OCC: BUSINESS AND
OWNER OF MOTOR CYCLE BEARING
NO. MH-13/CC/8734
H.NO. 166, SHELGI GAONTHAN,
TQ. NORTH SOLAPUR,
DIST. SOLAPUR-413006
3
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE COMPANY. LTD.,
R/O HANAMASHETTI BUILDING,
VIJAYAPUR-586101.
...RESPONDENTS
(SRI. MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DATED 28.07.2022 NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
28.09.2021 PASSED IN MVC NO. 699/2019 ON THE FILE
OF THE 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 BY RS. 2,33,500/- ONLY AS CLAIMED BY 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.50,000/- (Rupees 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 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
