Karnataka High Court
The Manager Shriram General Insurance ... vs Lakshmi W/O Sharanayya Hiremath on 10 February, 2018
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HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2018
CONCILIATORS PRESENT:
HON'BLE MRS.JUSTICE S.SUJATHA
AND
SMT.ANURADHA DESHPANDE, MEMBER
M.F.A.No.101390/2017 [MV]
(Lok Adalat No.125/2018)
c/w
M.F.A.No.100800/2017 [MV]
(Lok Adalat No.127/2018)
IN MFA No.101390/2017
BETWEEN :
THE MANAGER SHRIRAM GENERAL INSURANCE CO.LTD
#41, A.J.CHAMBERS, OPP:TO INDIAN OIL PETROL BUNK,
R.V.ROAD, BASAVANAGUDI, JAYANAGAR
BANGALURU, REPTD BY AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI.NAGARAJ C.KOLLOORI, ADV.)
AND :
1. LAKSHMI W/O SHARANAYYA HIREMATH
AGE:29 YEARS, OCC:HOUSEWIFE
R/O:KADAKOL, TQ:SHIRAHATTI
DIST:GADAG.
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2. RUDRAYYA S/O MANJAYYA HIREMATH
AGE:36 YEARS, OCC:AGRICULTURAL
R/O:KADAKOL, TQ:SAVANUR, DIST:HAVERI
3. CHANNABASAYYA S/O MANJAYYA HIREMATH
AGE:36 YEARS, OCC:AGRICULTURAL
R/O:KADAKOL, TQ:SAVANUR DIST:HAVERI
4. YALLAPPA S/O FAKKIRAPPA KALAPUR
AGE:MAJOR, OCC:BUSINESS
R/O H.NO. 742, YAREBUDIHAL
TQ:KUNDAGOL, DIST:DHARWAD.
...RESPONDENTS
(BY SRI.C.M.HOSAMANI, ADV. FOR R1 TO R3, R4 SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2017 PASSED IN MVC NO.252/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF RS.6,39,000/- WITH INTEREST AT 7% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
IN MFA No.100800/2017 BETWEEN :
1. LAKSHMI W/O. SHARANAYYA HIREMATH, AGE: 29 YEARS, OCC: HOUSE WIFE, R/O: KADAKOL, TQ: SHIRAHATTI, DIST: GADAG.
2. RUDRAYYA S/O. MANJAYYA HIREMATH, AGE: 36 YEARS, OCC: AGRICULTURIST, R/O: KADAKOL, TQ: SAVANUR, DIST: HAVERI.
3. CHANNABASAYYA S/O. MANJAYYA HIREMATH, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: KADAKOL, TQ: SAVANUR, DIST: HAVERI.
...APPELLANTS 3 (BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADV.) AND :
1. YALLAPPA S/O. FAKKIRAPPA KALAPUR, AGE: MAJOR, OCC: BUSINESS, R/O. H.NO: 742, YAREBUDIHAL, TQ: KUNDAGOL, DIST: DHARWAD.-581113 (OWNER OF LORRY BEAIRNG REG.NO.KA-30/7266)
2. THE AUTHORISED SIGNATORY, SHRIRAM GENERAL INSURANCE COMPANY LTD., #41, A J CHAMBERS, OPP. INDIAN OIL PETROL BUNK, R V ROAD, BASAVANAGUDI, JAYANAGAR, BENGALURU-560004.
(POLICY NO. 10003/31/15/448565 VALID FROM 22-12-2014 TO 21-12-2015).
...RESPONDENTS (BY SRI.NAGARAJ C.KOLLOORI, ADV. FOR R2, NOTICE TO R1 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2017 PASSED IN MVC NO.252/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THESE APPEALS BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
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CONCILIATION ORDER The learned counsel for the appellant-Insurance Company along with its representative and the learned counsel for the respondents-claimants are present.
2. After prolonged negotiations, the matter is settled. The respondents-claimants have agreed to receive and the appellant - Insurance Company has agreed to pay a lump sum of Rs.3,00,000/- (Rupees Three lakhs only), including interest, instead of Rs.6,39,000/- 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.
3. The appellant- 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. Apportionment and disbursement shall be in terms of the order passed by the Tribunal. 5
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.
6. In view of disposal of the connected appeal in M.F.A.No.101390/2017 filed by the Insurance Company, M.F.A.No.100800/2017 does not survive for consideration. Accordingly, it is disposed of.
The amount in deposit shall be transmitted to the Tribunal.
Sd/-
JUDGE Sd/-
MEMBER MBS/-