Karnataka High Court
Naganaik vs Dadapeer on 24 November, 2023
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER 2023
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA
&
SMT. K.T. PREMALATHA, MEMBER
M.F.A.No. 748/2017 (MV)
(Lok Adalat No. 2244/2023)
BETWEEN:
1. Naganaik S/o Pathanaik,
Aged about 49 years.
2. Smt. Saroji Bai W/o Naganaik,
Aged about 38 years.
3. Smt. Janaki Bai, W/o Pathanaik,
Aged about 83 years.
4. Manjanaik S/o Naganaik,
Aged about 27 years.
5. Kumara Naik S/o Nagaraja Naik,
Aged about 21 years.
All are R/a Kittadal Village,
Mathodu Hobli, Hosadurga Taluk,
Chitradurga District-577 527. ...APPELLANTS
(BY SRI. N.D. MANJUNATH, ADVOCATE)
2
AND
1. Dadapeer S/o Rasheed Sab,
Major, Prop: M/s. Mubarak
Transport, Gunderi Road,
Holalkere Taluk,
Chitradurga District-577 526,
(Owner of the vehicle
Bearing Reg. No.KA-16/A-4087).
2. The General Manager,
Shriram General Insurance Co. Ltd.,
E-8, EP/P, Industrial Area,
Sitapura, Jaipur, Rajasthan - 302 022.
3. R. Nagaraja S/o Ranganatha,
Owner of TATA-ACE bearing
Reg. No.KA-16/B-2625,
R/a Chigalikatte Village, Hiriyur Taluk,
Chitradurga District - 572 143.
4. The Manager,
Cholamandalam General Insurance
Co. Ltd., Divisional Office,
Unit No.4, 9th Floor, Levee 6,
Golden Huglts Complex,
59th 'C' cum Industrial Suburb,
Rajajinagara 4th 'M' Block,
Bengaluru - 560 010. ...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R-2,
SRI. B. PRADEEP, ADVOCATE FOR R-4,
NOTICE TO R-1 & R-3 - D/W V.C.O. DATED 19.04.2018)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED 25.11.2016 PASSED IN MVC NO.373/2013 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT,
HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE
LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS
PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Appellants - Claimants is present.
The learned Counsel appearing for the 2nd Respondent - Insurance Company
along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed
by the learned advocate appearing for the appellants/claimants (being
authorized by the appellants/claimants to sign) and the learned advocate
appearing for the 2nd respondent-Insurance Company and its authorized officer
is filed. The appellants-claimants have agreed to receive and the 2nd respondent-
Insurance Company has agreed to pay a lump-sum of Rs.10,00,000/- (Rupees Ten
Lakhs only), in addition to what has been awarded by the Tribunal, in full and
final settlement of the claim.
3. 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.
4. There are five claimants in the above appeal and if the compensation is
divided amongst the appellants/claimants, they will get Rs.2,00,000/- each
which comes to lesser amount. Therefore, the entire share amount shall be
released in their favour, on proper identification.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint
memo. The Judgment and Award of the Tribunal shall stand modified
accordingly. Draw up the Award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
Rbv*
