Smt. Mamtaz W/O ... vs Shri Mahadev S/O Shattuppa Patil
2023 Latest Caselaw 9952 Kant

Karnataka High Court

Smt. Mamtaz W/O ... vs Shri Mahadev S/O Shattuppa Patil on 9 December, 2023

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      HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH

                    BEFORE THE LOK ADALAT

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

           DATED THIS THE 9TH DAY OF DECEMBER, 2023

                    CONCILIATORS PRESENT

             THE HON'BLE MR. JUSTICE H.P.SANDESH

                             AND

           SHRI, SHIVAKUMAR S.BADAWADAGI, MEMBER

                  M.F.A. NO.103160/2023 (MV)
                   LOK ADALAT NO.1850/2023

BETWEEN

SMT. MAMTAZ
W/O ABDULRASHEEDHORAGINAMANI
AGE 45 YEARS
OCC VEGETABLE HAWKER NOW NIL
R/O INCHAL NOW AT BAILHONGAL
TQ BAILHONGAL, DIST BELAGAVI 581231
                                                   ...APPELLANT
(BY SMT : JOSHNA P DHANAVE & SRI. V.C. HIREMATH, ADVOCATES)


AND

1. SHRI MAHADEV S/O SHATTUPPA PATIL
   AGE MAJOR, OCC BUSINESS
   R/O H NO 743 SHASTRI NAGAR
   KANGRALI B K DIST BELAGAVI 581 231
   OWNER OF THE TRUCK VEHICLE
   BEARING ITS NO KA 22/D-3222
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2. THE DIVISIONAL MANAGER
   THE NEW INDIA ASSURANCE COMPANY LTD
   1683 SHRIBHAVANI CHAMBERS
   2ND FLOOR
   RAMLING KHIND GALLI
   BELAGAVI 581 231
   (INSURER OF THE TRUCK VEHICLE
   BEARING ITS NO KA 22/D-3222 AND ITS
   POLICY NO 68040231150100017835

3. SRI RUDRAPPA S/O BASAPPA ULAVI
   AGE MAJOR, OCC BUSINESS
   AT POST HANABARATTI
   TQ BAILHONGAL
   DIST BELAGAVI 581 231
   OWNER OF THE MAXICAB VEHICLE
   BEARING ITS NO KA 29/1794

4. THE DIVISIONAL MANAGER
   RELIANCE GENERAL INSURANCE COMPANY LTD
   MAHADEV PLAZA CTS NO 10719
   SY NO 135/A NEAR KOLHAPUR CIRLCE
   NEHARU NAGAR BELAGAVI 590018
   INSURER OF MAXICAB BEARING ITS
   NO KA-29/1749 AND ITS
   POLICY NO 1410262352355000013
                                               RESPONDENTS

(BY SRI. M.K.SOUDAGAR, ADVOCATE FOR R2 SRI. S.K.KAYAKAMATH, ADVOCATE FOR R4) (NOTICE TO R1 & R3 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRYAING TO KINDLY ALLOW THE APPEAL; CALL FOR RECORDS; AND MODIFY THE JUDGMENT AND AWARD PASSED IN MVC NO. 2170/2018 DATED 01.09.2022 PASSED BY THE LEARNED THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, BAILHONGAL AND CONSEQUENTLY MODIFY THE ENHANCE THE COMPENSATION AMOUNT FROM RS.2,48,607/- TO RS.9,00,000/- WITH INTEREST AT 18 PERCENT P.A.

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 appellant and the

representative of Respondent No.2-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

No.2-Insurance Company has agreed to pay a global

compensation of Rs.1,65,000/- (Rupees One Lakh Sixty 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. The entire amount shall be released in favour of the

claimant, digitally.

4. The Respondent No.2-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