Karnataka High Court
Annapurna D/O Suresh Sutar vs Prabhavati Ravindra Koralli Anr on 8 December, 2018
1
IN THE HIGH COURT LEGAL SERVICES COMMITTEE,
HIGH COURT OF KARNATAKA, KALABURAGI BENCH,
BEFORE THE LOK-ADALAT
DATED THIS THE 08TH DAY OF DECEMBER, 2018
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE P.G.M.PATIL
AND
SRI K.A. KALABURAGI, MEMBER
M.F.A.No.31319/2012 (MV)
Lok Adalat No.140/2018
BETWEEN:
Annapurna D/o Suresh Sutar
Age: 21 Years
Occ: Computer Operator (DTP) & Studies
Now Nil, R/o Kuvempu Nagar
Police Colony,
Gulbarga-585103
... Appellant
(By Sri Chaitanyakumar C.M., Advocate)
AND:
1. Prabhavati Ravindra Koralli
Age: Major, Occ: Household
R/o H.No.1-6717
Station Bazaar
Gulbarga-582 103
2. The Divisional Manager
The Oriental Insurance Co. Limited
Opp. Mini Vidhan Soudha
Station Road
2
Gulbarga-585 103
... Respondents
(By Smt. Sumitra H., Advocate for R2; Notice to R1 dispensed with V.O.D. 26.04.2017) This MFA is filed under Section 173(1) of MV Act, praying to allow the appeal by modifying the judgment and award passed by Prl. Senior Civil Judge & MACT at Gulbarga in MVC No.176/2011 dated 13.04.2012 by enhancing the compensation amount as prayed in the claim petition.
This appeal coming on for conciliation before Lok Adalat this day, the following order came to be passed:
CONCILIATION ORDER The learned counsel for the appellant and the learned counsel for the 2nd respondent-Insurance Company are present.
2. After due deliberations, the parties have arrived at a settlement. The appellant-claimant has agreed to receive and the 2nd respondent - Insurance Company has agreed to pay global compensation of 3 Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) inclusive of interest in addition to what has been awarded by the Tribunal, towards full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
3. The 2nd respondent - Insurance Company has agreed to deposit the said amount before the Tribunal, within six weeks from the date of preparation of the award, failing which, the said amount shall carry interest at 9% p.a. from the date of default, till the date of deposit.
4. The entire enhanced amount is ordered to be released in favour of the appellant/claimant on deposit.
5. Accordingly, Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified. 4
Draw award accordingly.
Sd/-
JUDGE Sd/-
MEMBER BL