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2025 DAILYLAW 50095 (KAR)

ORIENTAL INSURANCE COMPANY LTD., v. SMT. SALEEMA BEGUM W/O DAVALASAB KOUDALE

MFA/101455/2022 · 2025-04-26

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE E.S.INDIRESH AND SHRI.SAJID GOODWALA, MEMBER MISCELLANEOUS FIRST APPEAL NO.101455/2022 (MV-) LOK ADALAT NO. 215/2025 BETWEEN ORIENTAL INSURANCE COMPANY LTD., CORPORATOR BUSINESS, UNIT NO.34436/80340/1013526, BALLARI IN APPEAL RPE. BY DULY CONSTITUTED AUTHORITY THE REGIONAL MANAGER ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBBALLI. ...APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND 1. SMT. SALEEMA BEGUM W/O. DAVALASAB KOUDALE, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. SANKANUR, TQ: YALABURGA-583226. 2. JAVEED S/O. DAVALASAB KOUDALE, AGE: 11 YEARS, OCC: STUDENT, R/O. SANKANUR, TQ: YALABURGA-583226. 2 3. SHAHEED S/O. DAVALSAB KOUDALE, AGE: 09 YEARS, OCC: STUDENT, R/O. SANKANUR, TQ: YALABURGA-583226. 4. BABI D/O. DAVALSAB KOUDALE, AGE: 08 YEARS, OCC: STUDENT, R/O. SANKANUR, TQ: YALABURGA-583226. 5. JAINABI W/O. ISMAILSAB, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. SANKANUR, TQ: YALABURGA-583226. 6. ISMAILSAB S/O. DAVALASAB, (DEAD) RESPONDENT NO.1 & 5 ARE HIS LRS, WHO ARE ON RECORD SINCE RESPONDENT NO.2 TO 4 ARE MINOR REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER RESPONDENT NO.1. 7. CHANNAVEERAYYA S/O. SHIVAPURAYYA MATAD, AGE: 28 YEARS, OCC: MACHINE OPERATOR, R/O. MALEKOPPA, TQ: KOPPAL-583232. 8. UMESH YATTIMANI, AGE: MAJOR, OCC: BUSINESS, R/O. MADALPUR, POST. MADINUR, TQ: DIST: KOPPAL-583232. …RESPONDENTS (BY SRI. D.L. LADKHAN, ADVCOATE) 3 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 21/01/2022 BY ALLOWING THIS APPEAL WITH COST AND GRANT SUCH OTHER AND /OR FURTHER RELIEF’S AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The representative of the appellant-insurance company along with its counsel and the appellant are present before the Lok-Adalath. 2. After prolonged negotiations, the matter is settled. The Appellant-insurance company has agreed to pay and the Respondent-claimants have agreed to receive total sum of Rs.18,25,253/- (Rupees Eighteen Lakh Twenty-five Thousand Two Hundred Fifty three only), in full and final settlement of the claim, out of which 4 Rs.11,54,653/- has already been deposited before the MACT and Rs.25,000/- has been deposited before this Court towards statutory deposit by the appellant- insurance company. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. The order of apportionment and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal. 4. The Appellant-Insurance Company has agreed to deposit the remaining amount of Rs.6,45,600/- (Rupees Six Lakh Forty-five Thousand Six Hundred only) 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 5 shall stand modified accordingly. Draw up the award accordingly. 6. Statutory deposit of Rs.25,000/- made before this Court by the appellant-insurance company is ordered to be transmitted to the concerned Tribunal, for forthwith. Sd/- JUDGE Sd/- MEMBER YAN