Tulajawwa W/O Shankarappa ... vs Durgawwa W/O Siddappa Harijan
2021 Latest Caselaw 6549 Kant

      HIGH COURT LEGAL SER VICES COMMITTEE,
                DHARWAD B ENCH

              BEFOR E THE LOK ADALATH

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD B ENCH

     DATED THIS THE 18 T H DAY OF DECEMBER, 2021

               CONCILIATORS PRESENT:

          HON'BLE MR .JUSTICE S. RACHAIAH
                            AND
              SRI.M.C. HUKKER I, MEMBER

               M.F.A. No.104069/2018 (MV)
                Lok Adalat No.2032/2021

BETWEEN

1.    TULAJAWWA W/O SHANKARAPPA KARABARI
      AGE:57 YEARS, OCC:COOLIE,
      R/O.KAKKIHALLI (TANDA)
      TQ:YELBURGA, DIST:KOPPAL-583237

2.    HANUMANTHA S/O SHANKARAPPA KARABARI,
      AGE:29 YEARS, OCC:COOLIE,
      R/O KAKKIHALLI (TANDA)
      TQ:YELBURGA, DIST:KOPPAL-583237

3.    RAVI S/O SHANKARAPPA KARABARI,
      AGE:27 YEARS, OCC:COOLIE,
      R/O:KAKKIHALLI (TANDA)
      TQ:YELBURGA, DIST:KOPPAL-583237

4.    KRISHNA S/O SHANKARAPPA KARABARI,
      AGE:26 YEARS, OCC:COOLIE,
      R/O KAKKIHALLI (TANDA)
      TQ:YELBURGA, DIST:KOPPAL-583237
                                            .....APPELLANTS
(BY SRI D.V.PATTAR, ADV.)
                                2




AND

1.    DURGAWWA W/O SIDDAPPA HARIJAN,
      AGE:52 YEARS, OCC:TRACTOR OWNER
      VEHICLE NO.KA 37/TA-4952
      R/O CHIKKAMYAGERI-583237
      TQ. YELBURGA, DIST. KOPPAL.

2.    MAHESH S/O HANUMANTAPPA BHAVI,
      AGE:39 YEARS, OCC:TRACTOR DRIVER
      R/O.CHIKKAMAYGERI, TQ:YELBURGA,
      DSIT:KOPPAL-583237

3.    IFCO TOKIO GENERAL
      INSURANCE CO LTD.,
      2ND FLOOR, IFFCO HOUSE,
      34, EHRU PLACE,
      NEW DELHI-110019
                                           .....RESPONDENTS

(BY SRI R.R. MANE, ADV. FOR R-3)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.06.2018 PASSED IN MVC NO.3/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, YELBURGA, 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 appellants and 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 No.3-Insurance Company has agreed to pay a

global compensation of Rs.2,50,000/- (Rupees Two Lakh Fifty

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. Out of the said amount, a sum of Rs.50,000/- is

ordered to be released in favour of each of the appellants-

claimants and the balance of Rs.50,000/- is ordered to be

deposited in the name of appellant No.1 in any nationalized

Bank for a period of three years.

4. The respondent No.3-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

Bss.