Smt.Ratna W/O. Girish Marewad vs Shri.Girish S/O. Somalingappa ...
2021 Latest Caselaw 6537 Kant

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      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 MR.JUSTICE HEMANT CHANDANGOUDAR

                       AND

        SRI LAXMAN T.MANTAGANI, MEMBER

MISCELLANEOUS FIRST APPEAL NO. 101644 OF 2020 (MV)
          LOK ADALAT NO.1919/2021

BETWEEN

SMT.RATNA W/O. GIRISH MAREWAD
AGE : 39 YEARS,
OCC : HOUSEHOLD WORK,
R/O : HUBBALLI,
NOW R/AT: TQ AND DIST:HAVERI-581110

                                         ...APPELLANT

(BY SRI.B M PATIL, ADV.,)

AND

1 . SHRI.GIRISH S/O. SOMALINGAPPA MAREWAD
AGE : MAJOR,
OCC : OWNER OF CAR
BEARING ITS REG.NO.KA-25/MA-1133
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    R/O : SAROJ NIVAS,
    BADIGER ONI,
    VIRAPUR ROAD,
    TQ AND DIST : HAVERI-581110

    2 . THE AUTHORIZED SIGNATORY
    FUTURE GENERAL INDIA INSURANCE CO.LTD.,
    2ND FLOOR, KALBURGI LAND MARK,
    OPP.T.B.GIRLS HIGH SCHOOL,
    DESHAPANDE NAGAR,
    HUBBALL-580029
    POLICY NO.2014-V3334809-EPV
    VALID FROM:15.10.2014 TO 14.10.2015

                                           ...RESPONDENTS

(BY SRI.S.K.KAYAKMATH, ADV., FOR R2;

NOTICE TO R1 DISPENSED WITH)

THIS MFA FILED U/S.173 SUB SECTION 1 OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.12.2018 PASSED IN MVC NO.134/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK

ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

Sir.S.K.Kayakmath, learned counsel accepts notice for

respondent -Insurance Company.

2. The learned counsel for the appellant and the

representative of Respondent -Insurance Company along with its

counsel are present.

3. 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

Rs.25,000/- (Rupees twenty 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.

4. The entire amount shall be released in favour of the

claimant.

5. 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.

6. 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

Vb/-