Smt. Neelavva W/O Anandappa Halur vs Yallappa S/O Ningappa Meti
2021 Latest Caselaw 6506 Kant

        HIGH COURT LEGAL SERVICES COMMITTEE,
                  DHARWAD BENCH

                 BEFORE THE LOK ADALATH

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

       DATED THIS THE 18 T H DAY OF DECEMBER, 2021

                 CONCILIATORS PRESENT:

        HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                          AND
             SRI.S.S. BADAWADAGI, MEMBER

                M.F.A.No.103618/2018 [MV]
                 (Lok Adalat No.947/2020)
BETWEEN:

1.     SMT. NEELAVVA W /O ANANDAPPA HA LUR,
       AGE-46 Y EARS, OCC-HOUS EHOLD W ORK,

2.     NAGENDRA S/ O AN ANDAPPA HALUR,
       AGE-21 Y EARS, OCC-NIL

3.     KUM. GOURI @ GOURAMMA,
       D/O ANANDAPPA HALUR,
       AGE-20 Y EARS, OCC-HOUS EHOLD

ALL ARE R/ O SIDD APUR ONI ,
MALAGI-581 346, MUNDAGOD,
TQ: MUNDAGOD, DIST: KARWAR.
                                          -   APPELLANTS
(BY SRI HARISH S. MAIGUR, ADVOCATE)

AND:

1.     YALLAPPA S/O NINGAPPA METI,
       AGE-44 YEARS, OCC-BUSINESS,
       R/O PLOT NO-120B, VINAYAKANAGAR,
       VIDYANAGAR, HUBBALLI-580 021.
                                  2




2.    THE AUTHORISED SIGNATORY,
      THE RELIANCE GENERAL INSURANCE CO. LTD.,
      BRANCH OFFICE, CTS # 472-474,
      V.A. KALBURGI SQUARE, DESAI CROSS,
      DESHPANDE NAGAR, HUBBALLI-580 029.
                                          -    RESPONDENTS

(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 CHALLENGING THE JUDGMENT AND AWARD DATED 23.02.2018 PASSED IN M.V.C. NO. 133/2017 PASSED BY THE AMACT, YELLAPUR SITTING AT MUNDGOD & ETC.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent No.2-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is settled.

The Appellant-claimant has agreed to receive and the

Respondent-Insurance Company has agreed to pay a global

compensation of `4,75,000/-(Rupees four lakh and seventy

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.

Same is accepted.

3. Out of the enhanced compensation amount, an

amount of `3,00,000/- shall be released in favour of the

appellants-claimants in the ratio fixed by the tribunal and

the remaining amount shall be invested in fixed deposit in

the name of the claimants in the ratio fixed by the tribunal

in any nationalized bank for a period of five years.

4. The Respondent No.2-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.

6. Pending IAs, if any, also stand disposed off.

Sd/-

JUDGE

Sd/-

MEMBER bvv