Citation : 2023 Latest Caselaw 9957 Kant
Judgement Date : 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.200750/2021 (MV)
Lok Adalat No.570/2023
BETWEEN:
SAVITRI
W/O JALINDAR KADAM,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O INDIRA NAGAR,
VIJAYAPUR.
...APPELLANT
(BY SRI. SANGANGOUDA V. BIRADAR, ADVOCATE)
AND
1. ANKUSH
S/O SHAMRAO YADAV,
AGE: 44 YEARS, OCC: BUSINESS,
A/P VANWASWADI KHED (WAHGAON)
TQ. KARAD, DIST. SATATRA-415001.
2
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
HANAMSHETTY BUILDING,
GURUKUL ROAD,
VIJAYAPUR-586101.
...RESPONDENTS
(SRI. MANVENDRA REDDY, ADVOCATE FOR R2; V/O DATED 04.01.2022 NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES. ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 16.03.2020 PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-VII AT VIJAYAPUR, IN MVC NO. 94/2016.
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.2,10,000/-
(Rupees Two Lakhs Ten 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
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