Karnataka High Court
Iramma And Ors vs Mayank Logistics Service And Anr on 9 December, 2023
1
59HIGH 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.201359/2023 (MV)
Lok Adalat No.474/2023
BETWEEN:
1. IRAMMA W/O BASAPPA MULAWAD,
AGE: 63 YEARS, OCC: NIL,
2. RADHA
W/O SHARANU @ SHARANAPPA MULAWAD,
AGE: 38 YEARS,
OCC: HOUSEHOLD WORK.
3. BASAVARAJ
S/O SHARANU @ SHARANAPPA MULAWAD,
AGE: 12 YEARS,
4. LAXMI
D/O SHARANU @ SHARANAPPA MULAWAD,
AGE: 10 YEARS,
5. SOUMYA
D/O SHARANU @ SHARANAPPA MULAWAD,
AGE: 06 YEARS,
2
(SINCE, APPELLANTS NO.3 TO 5 MINORS,
REPRESENTED BY THEIR M/G MOTHER APPELLANT
NO.2)
ALL ARE RESIDENT OF GACHINKATTI COLONY,
LAXMI NAGAR, VIJAYAPURA.
... APPELLANT
(BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)
AND:
1. MAYANK LOGISTICS SERVICE,
AJMER ROAD, NARSINGHPUR,
JAINPUR-302026. (RAJASTHAN).
2. THE BRANCH MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
1ST FLOOR, BIDARI COMPLEX,
S.S. FRONT ROAD,
VIJAYAPURA-586101.
... RESPONDENTS
(VIDE ORDER DATED: 07.07.2023 NOTICE TO R1 IS
DISPENSED WITH
BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLE ACT,
PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY
MODIFYING THE JUDGMENT AND AWARD DATED:
11.10.2021 PASSED BY THE COURT OF IV ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER, MACT-XV, AT
VIJAYAPURA, IN M.V.C NO.1111/2019, IN THE INTEREST
OF JUSTICE AND EQUTIY.
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.5,50,000/-
(Rupees Five Lakh Fifty 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/-
