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2025 DAILYLAW 9931 (KAR)

CHANNAPPA AND ORS v. ANNAPPA AND ANR

MFA/201912/2024 · 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 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.201912 of 2024 (MV) Lok Adalat No.130/2025 BETWEEN: 1. CHANNAPPA S/O DEVENDRA SARASHETTI, AGE: 70 YEARS, OCC: NIL, 2. CHANNAWWA W/O CHANNAPPA SARASHETTI, AGE: 63 YEARS, OCC: NIL, 3. RASHMI S/O DEVENDRA @ DEVENDRA SARASHETTI, AGE: 43 YEARS, OCC: HOUSE HOLD WORK, 4. SAIKUMAR S/O DEVENDRAPPA @ DEVENDRA SARASHETTI, AGE: 17 YEARS, MINOR GUARDIAN BY APPELLANT NO.3 5. DHEERAJ S/O DEVENDRAPPA @ DEVENDRA SARASHETTI, AGE: 15 YEARS, MINOR GUARDIAN BY APPELLANT NO.3, ALL ARE R/O JAL NAGAR, VIJAYAPURA-586101. ...APPELLANTS (BY SRI SANGANAGOUDA V BIRADAR, ADVOCATE) - 2 - AND: 1. ANNAPPA S/O GANGAPPA KAMALADINNI, AGE: 43 YEARS, OCC: BUSINESS, R/O WARD NO. 5, YARAGATTI ROAD, HANAGANDI, TQ: JAMAKHANDI, DIST: BAGALKOT-587315. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED 1ST FLOOR, SANGAMA BUILDING, S.S. FRONT ROAD, VIJAYAPURA-586101. …RESPONDENTS (BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 14.06.2023 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER-MACT-V, AT VIJAYAPUARA IN M.V.C.NO. 717/2019. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, 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. - 3 - 2. After prolonged negotiations, the matter is settled. The Appellants/Claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs.6,29,700/- (Rupees Six Lakh Twenty Nine Thousand Seven Hundred 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. Out of the compensation awarded, Rs.3,00,000/- shall be released in favour of the claimants and remaining amount of Rs.3,29,700/- 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. - 4 - 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