Extracted from the PDF above. The PDF is authoritative.
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 S G PANDIT AND
SHRI GOPAL B. PATIL, MEMBER
M.F.A.No.103489/2016 (MV) C/W M.F.A.No.100592/2016 (MV) LOK ADALAT No.324/2025
IN MFA NO.103489/2016: BETWEEN:
NOORAHAMMAD S/O BASHEERSAB @ BABUSAB CHOUDHARI, AGE: 32 YEARS, OCC: BUSINESS, R/O: 6TH CROSS, NEAR VEENA TALKIES, RANEBENNUR, DIST: HAVERI-571236. ...APPELLANT (BY SHRI ANJANEYA M., ADVOCATE)
AND:
1 . THE DIVISIONAL CONTROLLER, KSRTC, HAVERI DIVISION, HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-27/F-478)-571102.
2 2 . SANGEETHA @ MALLAMMA W/O ANILKUMAR PAWAR, AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O: C/O. MALLAMMA D/O BASAPPA MILLI, AT: AREMALLAPUR VILLAGE, TQ: RANEBENNUR-571237 (OWNER OF THE LORRY BEARING NO.KA-27/5454)
3 . SHRIRAM GENERAL INSURANCE CO. LTD., E-8 EPIP, RIICO, SITAPURA, JAIPUR, RAJASTHAN STATE-310011, (INSURER OF THE VEHICLE BEARING REG. NO.KA 27/5454) …RESPONDENTS (BY SHRI S.K. KAYAKAMATH, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE
JUDGMENT AND AWARD DATED 01.10.2015 PASSED IN MVC NO.100/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.100592/2016
BETWEEN
THE DIVISIONAL CONTROLLER, KSRTC, HAVERI DIVISION, HAVERI-581110.
R/BY CHIEF LAW OFFICER, NWKRTC GOKUL ROAD, HUBBALLI-580030. ...APPELLANT (BY SRI. S.S. KOLIWAD, ADVOCATE)
3
AND
1 . NOORAHAMMAD S/O BASHEERSAB @ BABUSAB CHOUDHARI, AGE: 32 YEARS, OCC: BUSINESS, R/O: 6TH CROSOS, NEAR VEENA TALKIES, RANEBENNUR-581115, DIST: HAVERI.
2 .
2.A ANILKUMAR S/O SHAMBHOJAPPA PAWAR SINCE DECEASED BY HIS LR’S
SANGEETHA @ MALLAMMA W/O ANILKUMAR PAWAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: AREMALLAPUR VILLAGE, TQ: RANEBENNUR-581115, DIST: HAVERI.
(OWNER OF THE LORRY BEARING NO.KA 27/5454)
3 .
SHRIRAM GENERAL INSURANCE CO. LTD., E, 8 EPIP, RIICO, SITAPURA, JAIPUR, RAJASTHAN STATE.
R/BY ITS BRANCH MANAGER, INSURER OF THE VEHICLE BEARING NO.KA-27/5454) …RESPONDENTS
(BY SHRI S.K. KAYAKAMATH, ADVOCATE FOR R3)
NOTICE TO R1 & R2 IS SERVED BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.10.2015 PASSED IN MVC NO.100/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, AWARDING THE COMPENSTION OF RS.1,51,920/- WITH INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL ITS REALISATION & ETC.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
4 CONCILIATION ORDER
Learned counsel for claimant and representatives of KSRTC and Shriram General Insurance Co. Ltd., along with their counsel are present.
2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the KSRTC and Shriram General Insurance Co. Ltd., have agreed to pay a global compensation of Rs.80,000/- (Eighty Thousand Rupees Only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. The global compensation of Rs.80,000/- is agreed to be paid by the KSRTC and Shriram General Insurance Company in proportion i.e. Rs.40,000/- (Rupees Forty Thousand) each. A joint Memo is filed on behalf of the parties to this effect. Same is accepted.
3. KSRTC and Shriram General Insurance Co. Ltd., have agreed to deposit the said amount before Tribunal within eight 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.
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4. On deposit, the entire amount shall be released in favour of claimant forthwith.
5. Both the Miscellaneous First Appeal stand
disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE
Sd/- MEMBER
NC,CT:VP