Gangamma (Devadasi) vs Sri.Bhanwarlal Jhat Bhavarlala
2021 Latest Caselaw 6468 Kant

HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD
                   BENCH

     BEFORE THE LOK ADALAT IN THE HIGH COURT OF
             KARNATAKA DHARWAD BENCH

     DATED THIS THE 18TH DAY OF DECEMBER, 2021

                CONCILIATORS PRESENT

          THE HON'BLE MRS.JUSTICE M.G.UMA
                        AND
         MRS.ANURADHA DESHPANDE, MEMBER

              M.F.A.NO.102385/2019 (MV)

              LOK ADALAT NO.1829/2021
BETWEEN :

1.     GANGAMMA (DEVADASI)
       AGED ABOUT 58 YEARS,

2.     RAMALINGA S/O GANGAMMA
       AGED ABOUT 31 YEARS,

3.     SMT. HULIGAMMA W/O RAMANJINI
       AGED ABOUT 29 YEARS,

4.     SMT. NEELAMMA ALIAS LAKSHMI
       W/O HANUMANTHAPPA

5.     MAREMMA (DEVADASI)
       AGED ABOUT 73 YEARS,

       ALL ARE R/O V.NAGALAPURA-VILLAGE,
       SANDUR TALUK, BALLARI DISTRICT,
       PRESENTLY R/O MAHANANDI KOTTAM
       BALLARI 583101.

                                           ... APPELLANTS
(BY SRI MANJUNATHA PATIL, ADV.)
                                 2




AND :

1.      SRI.BHANWARLAL JHAT BHAVARLALA
        JHAT S/O BHERULAL JHAT
        AGED ABOUT 28 YEARS,
        DRIVER OF LORRY BEARING
        NO RJ-06/GC-2987,
        R/O RENWAS, KOTADI TALUK,
        BHILWARA DISTRICT, RAJASTHAN 420001

2.      RAMESHWARIAL JHAT S/O S H DEVILAS JAT
        AGED ABOUT 48 YEAS,
        OWNER OF LORRY BEARING
        NO.RJ-06/GC 2987,
        R/O BADIYTA KHEDA, KOTRI TALUK,
        BHILWARA DISTRICT,
        RAJASTHAN 420001

3.      THE MANAGER
        THE ORIENTAL INSURANCE COMPANY
        LIMITED PARVATHI NAGAR, MAIN ROAD,
        BALLARI 583101.

                                              ... RESPONDENTS

(NOTICE TO RESPONDENT NO.1 & 2 : DISPENSED WITH) (BY SRI N.R.KUPPELUR, ADV. FOR R.3)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.05.2019 PASSED IN MVC NO.764/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellants and the

representative of Respondent-Insurance Company

along with its counsel are present.

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 global compensation of Rs.7,40,000/-

(Rupees Seven Lakh Forty 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. Out of the compensation awarded, 50% of

the amount is ordered to be kept in fixed deposit in

any nationalized bank or scheduled bank or claimant's

choice for a period of three years and he would be

entitled to withdraw periodical interest. Balance 50%

of the amount is ordered to be paid to the claimants

on proper identification 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/-

JUDGE

Sd/-

MEMBER

AM