Premalabai @ Laximibai And Ors vs Proprietor Of Kaveri Travels And Anr
2023 Latest Caselaw 9982 Kant

Karnataka High Court

Premalabai @ Laximibai And Ors vs Proprietor Of Kaveri Travels And Anr 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 M.G.S. KAMAL
                       AND
      SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.200281/2022 (MV)
             Lok Adalat No.566/2023
BETWEEN:

1.    PREMALABAI @ LAXIMIBAI
      W/O LATE ABHANGRAO @ ANAND DAMBALE,
      AGE: 43 YEARS, OCC: HOUSEHOLD.

2.    PRERANA
      D/O LATE ABHANGRAO @ ANAND DAMBALE,
      AGE: 21 YEARS, OCC: STUDENT,

3.    PRASHANT
      S/O LATE ABHANGRAO @ ANAND   DAMBALE,
      AGE: 18 YEARS,

      ALL ARE R/O BHAVANI BIJALGAON,
      TQ. AURAD, DIST. BIDAR
                                 ...APPELLANTS

(BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE)
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AND

1.    PROPRIETOR OF KAVERI TRAVELS,
      D.NO. 20. 70, 71/1, UPSTAIRS,
      NEAR POWER HOUSE OFFICE,
      KARNUL ROAD, ONGOLE,
      ANDHRA PRADESH-518001.

2.    DIVISIONAL MANAGER,
      NEW INDIA ASSURANCE CO. LTD.,
      SANGAMESHWAR NAGAR, S.B.TEMPLE ROAD,
      GULBARGA(KALABURAGI)-585102.

                                        ...RESPONDENTS

(SRI. SUDARSHAN M., ADVOCATE FOR R2; V/O DATED 10.06.2022 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES. ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.11.2020 PASSED IN MVC NO. 365/2018 IN THE COURT OF THE SENIOR CIVIL JUDGE & JMFC & MACT, AURAD-B, DIST: BIDAR.

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.8,20,000/-

(Rupees Eight Lakhs Twenty 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 apportionment, release and deposit

shall be as per the award of the Tribunal.

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