Shri. Yallappa Gangappa Alagodi vs The Head Master
2021 Latest Caselaw 6545 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. RACHAIAH
                         AND
              SRI.M.C. HUKKERI, MEMBER

              M.F.A.No.104339/2018 [MV]
               (Lok Adalat No.1762/2021)
BETWEEN:

1.      SHRI. YALLAPPA GANGAPPA ALAGODI,
        AGE: 51 YEARS, OCC: AGRICULTURE,
        R/O: BOGUR, TQ: KHANAPUR-591302,
        DIST: BELAGAVI.

2.   SUSHILA W/O YALLAPPA ALAGODI,
     AGE: 42 YEARS, OCC: COOLIE,
     R/O: BOGUR, TQ: KHANAPUR-591302,
     DIST: BELAGAVI.
                                   .....APPELLANTS
(BY SMT GEETHA K M @ PAWAR, ADV.)

AND

1.      THE HEAD MASTER,
        SHRI DNYANA JYOTI KANNADA
        KIRIYA PRATHAMIK SHALE,
        GANDIGWAD, TQ: KHANAPUR-591302,
                           2




     DIST: BELAGAVI.
     (OWNER OF SCHOOL VEHICLE
     BEARING NO.KA-16B-4093)

2.   BAJAJ ALLIANZ GENERAL INSURANCE
     COMPANY LIMITED,
     REGISTERED OFFICE PLAZA,
     AIRPORT ROAD, YERWADA,
     PUNE-511006 (INDIA).
     HAVING ITS OFFICE AT 1ST FLOOR
     MADIWALE ARCADE, HASMI MANJIL,
     CLUB ROAD, BELAGAVI-590001.
     (INSURER OF SCHOOL VEHICLE
     BEARING NO.KA-16/B-4093)
     (POLICY NO.OG-16-1713-1812-00000010)
     VALID FROM 30-05-2015 TO 29-05-2016)

                                      .....RESPONDENTS

(BY SRI M.K. SOUDAGAR, ADV. FOR R-2 R1 SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.04.2018 PASSED IN MVC NO.1431/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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 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.1,24,000/-

(Rupees One Lakh Twenty Four 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. The said amount shall be released in favour of

the claimants.

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 NAA