Kum.Veena vs Osman Khan And Anr
2023 Latest Caselaw 9942 Kant

Karnataka High Court

Kum.Veena vs Osman Khan 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 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.201395/2018 (MV)
           Lok Adalat No.554/2023
BETWEEN:

KUM. VEENA
D/O LAXMIKANTH GANJI,
AGE: 07 YEARS, UNDER GUARDIAN OF HER FATHER,

SRI. LAXMIKANTH
S/O VITHAL GANJI,
AGE: 28 YEARS, OCC: AGRICULURE,
R/O KHANDERAYANAPALLI,
TQ. SEDAM, DIST. KALABURAGI,
NOW R/AT VILLAGE BHAGODI,
TQ. CHITTAPUR,
DIST. KALABURAGI.
                                    ...APPELLANT

(BY SRI. SANJEEV PATIL, ADVOCATE)
                                  2




AND

1.    OSMAN KHAN
      S/O FATHE KHAN,
      AGE: MAJOR, OCC: NOT KNOWN,
      OWNER OF CAR BEARING NO.
      KA.19/Z-7029,
      R/O H.NO.2-834/8B,
      OPP: MRMC MEDICAL COLLEGE,
      BHARATH NAGAR, SEDAM,
      DIST. KALABURAGI.

2.    THE DIVISIONAL MANAGER,
      NATIONAL INSURANCE CO. LTD,
      DIVISIONAL OFFICE,
      BILGUNDI MANSION,
      OPP: MINI VIDHANA SOUDHA,
      KALABURAGI-585102.
                              ...RESPONDENTS

( SRI. SHARANABASAPPA M. PATIL, ADVOCATE FOR R2; V/O DATED 06.09.2022 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 PASSED BY THE SENIOR CIVIL JUDGE AND MACT, CHITTAPUR, IN MVC NO.171/2016, DATED 06.06.2018, AND ALLOW THE APPEAL BY ENHANCING THE COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED.

CONCILIATION ORDER

The learned counsel for the Appellant/Claimant

and the representative of Respondent-Insurance

Company along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant/Claimant has agreed to receive

and the Respondent-Insurance Company has agreed

to pay a global compensation of Rs.3,50,000/-

(Rupees Three Lakhs 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 Claimant.

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