Smt. Pushpalatha H C W/O Marigowda vs M/S S.R.S. Travels
2021 Latest Caselaw 6473 Kant

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          HIGH COURT LEGAL SERVICES COMMITTEE,
                    DHARWAD BENCH

                  BEFORE THE LOK ADALAT

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BECNH

             ON THE 18TH DAY OF DECEMBER 2021

                     Conciliators Present

      THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                            AND

             SRI.LAXMAN T. MANTAGANI, MEMBER


     MISCELLANEOUS FIRST APPEAL NO.101485 OF 2021 (MV)
                 LOK ADALAT NO.1903/2021

BETWEEN:
1.      SMT. PUSHPALATHA H.C.
        W/O MARIGOWDA.
        AGE: 49 YEARS,
        OCC: HOUSEHOLD WORK.

2.      SRI.MARIGOWDA
        S/O LATE NARASHEGOWDA,
        AGE: 62 YEARS, OCC: NIL,

3.      SRI.CHARANRAJ M.
        S/O MARIGOWDA
        AGE: 26 YEARS,
        OCC: STUDENT,

4.      SRI.MOHANRAJ M.
        S/O MARIGOWDA
        AGE: 24 YEARS,
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      OCC: STUDENT,

      ALL ARE R/O: NO.2971,
      HOSAHOLALU ROAD,
      BEHIND SRIRANGA THEATER,
      K.R.PETE, TAL: K.R.PETE,
      DIST: MANDYA, STATE: KARNATAKA.

                                                    ... APPELLANTS
(BY SRI. ANJANEYA M., ADVOCATE)

AND
1.    M/S S.R.S. TRAVELS,
      PROP. K.T. RAJASHEKARA,
      AGE: MAJOR,
      OCC: TRANSPORT BUSINESS,
      R/O. NO.270, M.M. ADIGAL SALAI,
      PONDICHERRY STATE.

2.    THE DIVISIONAL MANAGER,
      THE NEW INDIA ASSURANCE CO. LTD.,
      BENGALURU, DOI (670100)
      CITY DIVISIONAL OFFICE,
      PLOT NO.40, LAXMI COMPLEX,
      K.R. ROAD, OPP. VANIVILAS HOSPITAL,
      BENGALURU.

                                                ... RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV., FOR R2; R1- NOTICE DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 02/03/2020 IN MVC NO.189/2018 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE & ADDITIONAL M.A.C.T., RANEBENNUR PARTLY ALLOWING THE CLAIM PETITON AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING 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.1,85,000/- (Rupees One Lakh Eighty Five

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. The same is

accepted.

3. The entire amount of enhanced compensation shall

be released in favour of the appellants/claimants and the

order of apportionment passed by the Tribunal shall hold

good.

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% per annum from

the date of default, till the 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 yan