Parvati W/O Siddappa Bhajantri And Anr vs Somaningappa S/O Siddappa Wadeyar And ...
2023 Latest Caselaw 9985 Kant

Karnataka High Court

Parvati W/O Siddappa Bhajantri And Anr vs Somaningappa S/O Siddappa Wadeyar And ... 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 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.200453/2022 (MV)
               Lok Adalat No.   532/2023

BETWEEN:

1.   PARVATI W/O SIDDAPPA BHAJANTRI,
     AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
     R/O EARLIER AT TUMBABI, TQ: MUDDEBIHAL,
     NOW RESIDING AT SHANTAVEER NAGAR,
     BASAVAN BAGEWADI ROAD, VIJAYAPURA,
     DIST: VIHAYAPURA-586101.

2.   SIDDAPPA S/O KALLEPPA BHAJANTRI,
     AGE: 50 YEARS, OCC: COOLIE,
     R/O EARLIER AT TUMBABI, TQ: MUDDEBIHAL,
     NOW RESIDING AT SHANAVEER NAGAR,
     BASAVAN BAGEWADI ROAD, VIJAYAPURA,
     DIST: VIHAYAPURA-586101.

                                           ... APPELLANT
(BY SRI. H.R. MALIPATIL, ADVOCATE)
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AND:

1.   SOMANINGAPPA S/O SIDDAPPA WADEYAR,
     AGE: 37 YEARS, OCC: OWNER OF AUTO,
     R/O BILAGI, TQ: BILADI,
     DIST: VIHAYAPURA-586101.

2.   THE MANAGER, LEGAL,
     RELIANCE GENERAL INSURANCE CO. LTD,
     3RD FLOOR, ASIAN PLAZA, TIMMAPURI CIRCLE,
     MAIN ROAD, KALABURAGI-02.

                                    ... RESPONDENTS

(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH)

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.24,57,000/-, (EXCLUDING THE AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST BY MODIFYING THE JUDGMENT AND AWARD OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT NO.V AT, VIJAYAPUR DATED 16.07.2021, IN MVC NO.7 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 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.9,45,000/-

(Rupees Nine Lakh Forty Five 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

NR/-