Maya vs Mr. Mahamedgous And Ors
2023 Latest Caselaw 9988 Kant

Karnataka High Court

Maya vs Mr. Mahamedgous 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 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.202031/2022 (MV)
             Lok Adalat No.592/2023
BETWEEN:

MAYA
D/O VIVEKANAND DHARPAL,
AGE: 35 YEARS, OCC: STAFF NURSE,
ALOMEEN MEDICAL COLLEGE,
VIJAYAPURA,
R/O GUMAST COLONY,
DIST. VIJAYAPURA-586101.
                                   ...APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND

1.    MR. MAHAMEDGOUS
      S/O HAJIMALANG NAGATHAN,
      AGE: MAJOR,
                              2




      OCC: OWNER OF AUTO BEARING
      NO.KA-28/A-2671,
      R/O KHAJANAGAR,
      DIST. VIJAYAPURA-586101.

2.    TATA AIG GENERAL
      INSURANCE COMPANY LIMITED,
      2ND FLOOR, JP AND DEVI,
      JAMBAKESHWAR ARCADE,
      NO.69, MILLERS ROAD,
      BANGALURU-560052.

3.    DAVALMALIK
      S/O BAPUSAB MADABHAVI,
      AGE: MAJOR, OCC: BUSINESS,
      R/O INDI ROAD, RAJAPUR GALLI,
      VIJAYAPURA-586101.

(BY SRI. S. S. ASPALLI, ADVOCATE FOR R2)


      THIS   MISCELLANEOUS        FIRST    APPEAL   IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO ENHANCE THE COMPENSATION AMOUNT
PAYABLE TO THE APPELLANT BY SUITABLY MODIFYING
THE JUDGMENT AND AWARD DATED 31.01.2022 PASSED
BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE
AND    MEMBER,        MACT-VII,     VIJAYAPUR       IN   MVC
NO.248/2016.


      THIS   APPEAL    COMING     ON      FOR   CONCILIATION
BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER
IS PASSED:
                              3




                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.75,000/- (Rupees

Seventy 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 entire amount shall be released in

favour of the Claimant.

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