Pinkibai And Ors vs Anilkumar S Rampur And Ors
2023 Latest Caselaw 9966 Kant

Karnataka High Court

Pinkibai And Ors vs Anilkumar S Rampur And Ors 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 C.M.JOSHI
                     AND
     SRI LIYAQAT FAREED USTAD , MEMBER
         M.F.A. NO.200572/2021 (MV)
           Lok Adalat No. 531/2023
BETWEEN:
1.    PINKIBAI W/O VIJAYAKUMAR CHAVAN,
      AGE: 35 YEARS, OCC: HOUSEHOLD,
2.    SONALI D/O VIJAYAKUMAR CHAVAN
      AGE: 18 YEARS, OCC: STUDENT,
3.    POOJA /O VIJAYAKUMAR CHAVAN
      AGE: 16 YEARS, OCC: STUDENT,

4.    ROHIT S/O VIJAYAKUMAR CHAVAN
      AGE: 14 YEARS, OCC: STUDENT,
5.    VAISHALIBAI D/O VIJAYAKUMAR CHAVAN
      AGE: 19 YEARS, OCC: STUDENT,

6.    VISHAL S/O VIJAYAKUMAR CHAVAN,
      AGE: 10 YEARS, OCC: STUDENT,

7.    RATNABAI W/O HABU CHAVAN,
      AGE: 66 YEARS, OCC: HOUSEHOLD ...APPELLANTS
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       APPELLANT NO. 3 TO 6 ARE MINORS U/G
       GUARDIANSHIP OF THEIR NATURAL MOTHER
       APPELLANT NO.1 PINKIBAI W/O VIJAYAKUMAR
       CHAVAN.

       ALL R/O SHIVNAGAR, CHITTAPUR, NOW AT
       H.NO. 10-227, SUBHASH CHOWK,
       BRAHMPUR, GULBARGA-585104.

(BY SRI ANAND V. TURE, ADVOCATE)

AND:

1.     ANILKUMAR S. RAMPUR,
       AGE: MAJOR, OCC: OWNER OF LORRY
       BEARING REG. NO. KA-28/A-4344,
       R/O GURUPADESHWAR NAGAR, NO.10,
       VRL BACKSIDE, IBRAHIMPUR-B,
       B.BAGEWADI RD, BIJAPUR-586109.

2.     AKHIL AHMED S/O SYED HUSSIANI,
       AGE: MAJOR, OCC: OWNER OF TATA LORRY
       BEARING REG.NO.KA-28/A-4344, R/O WARD NO.10,
       CHITTAPUR, DIST: KALABURAGI-585211.

3.     THE ORIENTAL INSURANCE COMPANY LIMITED,
       THROUGH ITS DIVISIONAL MANAGER,
       N.G. COMPLEX, OPP: MINI VIDHANA SOUDHA,
       MAIN ROAD, KALABURAG-585102....RESPONDENTS

(BY SRI SANJAY M JOSHI, ADVOCATE FOR R3)

This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, praying to allow the appeal by modifying the impugned judgment and award dated 01.01.2018 passed by the II Addl. Senior Civil Judge and MACT, Kalaburagi in MVC No. 376/2014 and consequently be pleased to enhance the compensation, in the interest and justice and equity.

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.5,60,000/- (Rupees Five

Lakh Sixty 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 order of apportionment and deposit ordered

by the Tribunal shall hold good for the compensation

awarded in this appeal.

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

SMP