Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 9063 (KAR)

SMT.SUMAN AND ORS v. SRI.MADIVALAPPA AND ANR

MFA/201085/2019 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL AND SRI LIYAQAT FAREED USTAD, MEMBER M.F.A. NO. 201085/2019 (MV) Lok Adalat No.45/2025 BETWEEN 1. SMT. SUMAN W/O SHANKAR KOLEKAR AGED ABOUT 43 YEARS, OCC: HOUSEHOLD WORK, 2. SRI GANESH S/O SHANKAR KOLEKAR AGED ABOUT 21 YEARS, OCC: NIL, 3. ROHAN S/O SHANKAR KOLEKAR AGED ABOUT 19 YEARS, OCC: NIL, 4. KALABAI W/O DONDIBA KOLEKAR AGED ABOUT 73 YEARS, OCC: HOUSEHOLD WORK, ALL ARE R/O KOMBADWADI, SOLAPUR KOLE, TQ: SANGOLA, DIST: SOLAPUR – 416416. …APPELLANTS (BY SRI S.S. MAMADAPUR, ADVOCATE) AND 1. SRI MADIVALAPPA S/O MALLAPPA KALAKERI AGED ABOUT 43 YEARS, OCC: BUSINESS, R/O BORAGI, TQ: SINDAGI, DIST: VIJAYPUR – 586101. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., SANGAM BUILDING, S.S. FRONT ROAD, - 2 - VIJAYPUR – 586101. …RESPONDENTS (BY SRI SUDARSHAN .M, ADVOCATE; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 30.01.2025) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT BY SUITABLY MODIFYING THE JUDGMENT DATED 25.03.2019 PASSED BY LEARNED III ADDL. SENIOR CIVIL JUDGE AND MACT-XII, VIJAYPUR IN MVC NO.1618/2016. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, AND THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the Appellants/Claimants and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellants/Claimants has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs.5,30,000/- (Rupees Five Lakhs Thirty Thousand only), in addition to what has been 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. Same is accepted. - 3 - 3. Out of the compensation awarded, Rs.3,00,000/- shall be released in favour of the claimants and remaining amount of Rs.2,30,000/- is to be deposited in any nationalized bank or scheduled bank of claimant’s choice for a period of three years. Apportionment, deposit and release shall be as per the order of the Tribunal. 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER NJ