Rangawwa And Anr vs Kidiyoor Hotels Private Limited And Ors
2023 Latest Caselaw 9971 Kant

Karnataka High Court

Rangawwa And Anr vs Kidiyoor Hotels Private Limited And Ors 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 09TH DAY OF DECEMBER, 2023

               CONCILIATORS PRESENT

         THE HON'BLE MR. JUSTICE C M JOSHI
                         AND
         SRI. LIYAQAT FAREED USTAD, MEMBER

              M.F.A. No.200398/2022 (MV)
               Lok Adalat No. 516/2023

BETWEEN:

1.   RANGAWWA W/O SHIVAPPA BARAKER,
     AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
     R/O EARLIER AT MUSTIGERI, TQ: BADAMI,
     NOW RESIDING AT SHANTAVEER NAGAR,
     B.BAGEWADI ROAD, VIJAYAPURA,
     DIST: VIJAYAPURA-586101.

2.   SHIVAPPA S/O DYAVAPPA BARAKER,
     AGE: 53 YEARS, OCC: COOLIE.
     R/O EARLIER AT MUSTIGERI, TQ: BADAMI,
     NOW RESIDING AT SHANTAVEER NAGAR,
     B.BAGEWADI ROAD, VIJAYAPURA,
     DIST: VIJAYAPURA-586101.

                                         ... APPELLANTS
(BY SRI H.R.MALIPATIL, ADVOCATE)
                               2




AND:

1.    KIDIYOOR HOTELS PRIVATE LIMITED,
      BY ITS PROPRIETOR,
      KEDIYOOR HOTELS, AGE: 43 YEARS,
      OCC: BUSINESS,
      MODANIDAMBOOR, SHIRIBEEDU,
      TQ & DIST: UDUPI, KARNATAKA-576101.

2.    THE BRANCH MANAGER,
      THE ORIENTAL INSURANCE COMPANY LTD.,
      S.S.ROAD, VIJAYAPURA-586101.

3.    KAMALAWWA W/O MANJUNATH BARAKER,
      AGE: 21 YEARS, OCC: COOLIE WORK,
      R/O SIDDANAKOLLA, TQ: HUNAGUND,
      DIST: BAGALKOT-587101.

                                    ... RESPONDENTS

(BY SRI S.S.ASPALLI, ADVOCATE FOR R2; SRI. AJAY KUMAR A.K., ADVOCATE FOR R3; R1 IS SERVERD)

This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicle Act, praying to allow this appeal and enhance the compensation to Rs.19,31,000/-, (excluding the amount awarded by the tribunal) along with interest by modifying the judgment and award of the II Addl. Senior Civil Judge & MACT-VII at, Vijayapur dated 16.04.2021, in MVC No.1042 of 2018, in the interest of justice and equity.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

Sri.Ajay Kumar A.K., learned counsel has filed

vakalath for respondent No.3.

2. The learned counsel for the

appellants/claimants and the representative of

Respondent-Insurance Company along with its counsel are

present.

3. 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.15,60,000/- (Rupees Fifteen

Lakhs 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.

4. The order of apportionment and deposit

ordered by the Tribunal shall hold good for the

compensation awarded in this appeal.

5. 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.

6. 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

NR/-