Shanta W/O Durgappa Benal vs Durgappa And Anr
2023 Latest Caselaw 9978 Kant

Karnataka High Court

Shanta W/O Durgappa Benal vs Durgappa And Anr 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.200854/2022 (MV)
                 Lok Adalat No.513/2023

BETWEEN:

     SMT. SHANTA W/O DURGAPPA BENAL,
     AGE: 47 YEARS, OCC: HOUSEHOLD,
     R/O VANDAL, TQ: B.BAGEWADI,
     DIST: VIJAYAPURA.

                                      ... APPELLANT
(BY SRI HARSHAVARDHAN R MALIPATIL, ADVOCATE)


AND:

1.   SRI. DURGAPPA
     S/O SARAPPA BENAL,
     AGE: 52 YEARS, OCC: COOLIE.
     R/O VANDAL, TQ: B.BAGEWADI,
     DIST: VIJAYAPURA-586101.
                                 2




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

                                             ... RESPONDENTS

V/O DATED 05.12.2022 NOTICE TO R1 IS DISPENSED WITH;

(BY SMT. PREETI PATIL M, ADVOCATE)

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. 34,79,400/-, (EXCLUDING THE AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST BY MODIFYING THE JUDGMENT AND AWARD OF THE MEMBER MACT NO.IV AT, VIJAYAPUR DATED 23.04.2021, IN MVC NO.1490 OF 2019, 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

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.11,00,000/- (Rupees Eleven

Lakh 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

NR/-