Karnataka High Court
Bassamma W/O Mallappa Chowdri vs Akash S/O Babagouda Patil And Anr on 25 June, 2022
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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
BEFORE THE LOK-ADALAT
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JUNE, 2022
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
AND
SRI LIYAQAT FAREED USTAD, MEMBER
M.F.A. No.200454/2022 (ECA)
Lok Adalat No.382/2022
BETWEEN:
BASSAMMA W/O MALLAPPA CHOWDRI
AGE. 49 YEARS, OCC. HOUSE HOLD AFFAIRS,
R/O. MAILESWAR VILLAGE,
TQ. MUDDEBIHAL,
NOW PRESENT RESIDING
AT U.K.P. CAMP HUNASAGI,
TQ. HUNASAGI (SHORAPUR),
DIST. YADGIRI-585224.
...APPELLANT
(BY SRI.GANESH NAIK, ADVOCATE)
AND:
1. AKASH S/O BABAGOUDA PATIL
AGE. 36 YEARS, OCC. ENGINEER,
R/O. SHIVANAND NAGAR, 7TH CROSS,
KALASAPUR ROAD GADAG,
TQ. AND DIST. GADAG-582101.
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2. THE BRANCH MANAGER
THE NATIONAL INSURANCE COMPANY LIMITED,
RENUKA ARCADE STATION ROAD,
OPP. THONTADHARYA MATH, GADAG.
....RESPONDENTS
(BY SRI.DEEPAK V.BARAD, ADVOCATE FOR R2 NOTICE TO R1 DISPENSED WITH) THIS MFA FILED U/S 30(1) OF EC ACT, PRAYING TO, TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 12.1.2021 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT SHORAPUR IN ECA NO. 2/2019 AND MODIFY THE SAID JUDGMENT / ORDER BY ENHANCING THE COMPENSATION AMOUNT TO RS. 15,00,000/- AS CLAIMED BY THE APPELLANT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the appellant/claimant and the representative of Respondent-Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a global compensation of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the 3 claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted.
3. Entire amount shall be released in favour of the claimant.
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 msr