Karnataka High Court
Smt Kamalavva vs Sri M Nagaraj on 2 April, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC-D:6006
MFA No. 102138 of 2022
C/W MFA No. 103120 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102138 OF 2022 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103120 OF 2023
BETWEEN:
THE LEGAL CLAIMS MANAGER,
THE RELIANCE GENERAL INSURANCE COMPANY LTD,
V.A. KALBURGI SQUARE, DESAI CROSS,
DESHPANDE NAGAR, HUBBALLI-580022,
REPRESENTED BY ITS
AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. G. N. RAICHUR, ADVOCATE)
AND:
1. SMT. KAMALAVVA W/O. SHANKARAPPA BIDARI,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O. LINGADEVARAKOPPA VILLAGE,
TQ: HIREKERUR, DIST: HAVERI-581111.
Digitally signed
by JAGADISH T
R 2. SMT. PUSHPALATA W/O. HOOVANAGOUDA
Location: HIGH DYAVANNANAVAR, AGE: 43 YEARS,
COURT OF OCC: HOUSEHOLD WORK,
KARNATAKA
R/O. DHANESHWARI NAGAR,
NEAR ASHRAYA HOSPITAL,
HAVERI-581110.
3. SMT. VEENA W/O. CHANDRAPPA PATIL,
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O. KODIBASAVESHWAR NILAYA,
MARUTHI NAGAR, RANEBENNUR-581115,
DIST: HAVERI.
4. SRI. NATARAJ S/O. SHANKARAPPA BIDARI,
AGE: 41 YEARS, OCC: AGRICULTURE WORK,
R/O. LINGADEVARAKOPPA VILLAGE,
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NC: 2024:KHC-D:6006
MFA No. 102138 of 2022
C/W MFA No. 103120 of 2023
TQ: HIREKERUR, DIST: HAVERI-581111.
5. SMT. SUDHA W/O. PRABHUKUMAR SMOAKKALAVAR
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O. 108 MAHIMA RESIDENCY, KAGGADASAPUR
C.V. RAMAN NAGAR, .BENGALURU-560064.
6. SRI. M. NAGARAJA S/O. M. URAMMA,
AGE: MAJOR, OCC: BUSINESS,
R/O. HOSPET ROAD,
KUDLIGI TOWN-583135, DT: BALLARY.
...RESPONDENTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV. FOR R1 TO R5)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS
HEAR THE PARTIES AND MODIFY THE JUDGMENT AND AWARD
DATED 21.02.2022 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL.
MOTOR ACCIDENT CLAIMS TRIBUNAL HIREKERUR IN M.V.C
NO.914/2019 BY EXONERATING THE APPELLANT INSURANCE
COMPANY FROM THE LIABILITY AND BY REDUCING THE
COMPENSATION BY ACCEPTING THE GROUNDS MADE OUT IN THE
GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN
THE ENDS OF JUSTICE AND EQUITY.
IN MFA NO. 103120/2023.
BETWEEN:
1. SMT. KAMALAVVA W/O. SHANKARAPPA BIDARI,
AGE: 69 YEARS, OCC: HOUSE HOLD WORK,
R/O. LINGADEVARAKOPPA VILLAGE,
TQ: HIREKERUR-581101, DIST: HAVERI.
2. SMT. PUSHPALATHA W/O. HUVANAGOUDA
DYAVANNANAVAR, AGE: 44 YEARS,
OCC: HOUSE HOLD WORK,
R/O. DANESHWARI NAGAR,
NEAR ASHRAYA HOSPITAL,
HAVERI-581110, DIST: HAVERI.
3. SMT. VEENA W/O. CHANDRAPPA PATIL,
AGE:43 YEARS, OCC: HOUSE HOLD WORK,
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NC: 2024:KHC-D:6006
MFA No. 102138 of 2022
C/W MFA No. 103120 of 2023
R/O. KODI BASAVESHWARA NILAYA,
MARUTI NAGAR, RANEBENNUR-581115,
TQ: RANEBENNUR, DIST: HAVERI.
4. SRI. NAGARAJ S/O. SHANKARAPPA BIDARI,
AGE:42 YEARS, OCC: AGRICULTURE,
R/O. LINGADEVARAKOPPA VILLAGE,
TQ: HIREKERUR-581101, DIST: HAVERI.
5. SMT. SUDHA W/O. PRABHUKUMAR
SOMAKKALAVAR, AGE: 41 YEARS,
OCC: HOUSE HOLD WORK,
R/O. #108, MAHIMA RESIDENCY,
KAGGADASAPURA, C. V. RAMAN NAGAR,
BENGALURU-560038.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. SRI. M. NAGARAJ M/O M. URAMMA,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. HOSPET ROAD, KUDLIGI TOWN,
TQ: KUDLIGI-583135, DIST: BALLARI.
2. THE LEGAL CLAIMS MANAGER,
RELIANCE GENERAL INSURANCE CO LTD,
V. A. KALBURGI SQUARE, DESAI CROSS,
DESHPANDE NAGAR, HUBBALLI-580029.
...RESPONDENTS
(BY SRI. G. N. RAICHUR, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
THE MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD OF THE SENIOR CIVIL JUDGE AND AMACT, HIREKERUR,
DATED 21-02-2022 IN MVC NO.914/2019 IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
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MFA No. 102138 of 2022
C/W MFA No. 103120 of 2023
JUDGMENT
MFA No.102138/2022 is filed by the appellant/Insurance
Company. MFA No.103120/2023 is filed by the
appellants/claimants. Both these appeals are arising out of the
judgment and award dated 21.02.2022, passed in MVC
No.914/2019 on the file of Principal Senior Civil Judge and
Addl. MACT, Hirekerur (for short, 'Tribunal').
2. Learned counsel for the respective parties submits
that the matter is settled amicably and they have filed a joint
memo, which reads as under:
This appeal filed against the Judgment and Award in MVC/WC
No.914/2019 on the file of the MACT/Tribunal, Hirekerur has been
referred to this Lok Adalat by the Hon'ble High Comt u/s.20 of the
Legal Services Authorities Act. 1987. The parties to the appeal have
settled their claim before the Lok Adalat on the following terms:
The Appellant Reliance General Insurance Co.Ltd. has agreed to
pay and Respondent Claimant) has agreed to receive a sum of
Rs.1145,000, (Rupees eleven lakhs fourty five thousand only) with
interest at...% p.a from....till the date of deposit instead of
Rs.7,45,000/-(Rupees seven lakh fourty five thousand only) awarded
by the Commissioner, in full and final settlement of the claim.
The Appellant, Reliance General Insurance Co.,Ltd., -has agreed
to deposit the said amount, less what has already been deposited
within six weeks from today, failing which the said amount shall carry
interest at 9% p.a. from the date of default till the date of deposit
the parties are not entitled for any cost.
The parties to this appeal have set their hands to this
settlement before the Lok Adalat in the presence of Conciliators on
this the date:......at Dharwad
NC: 2024:KHC-D:6006
3. The memo is placed on record. In terms of the joint
memo, the MFA No.103120/2023 is allowed in part and MFA
No.102138/2022 is dismissed.
4. Amount in deposit shall be transferred to Tribunal
forthwith.
5. Registry to draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
