Sri.Shankaragouda @ ... vs Mahabaleshwar S/O Shivappa ...
2021 Latest Caselaw 6558 Kant

     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 MRS.JUSTICE M.G.UMA
                     AND
      MRS.ANURADHA DESHPANDE, MEMBER

            M.F.A.NO.101304/2020 (MV)
            (LOK ADALAT NO.1834/2021)
BETWEEN :

1.    SRI.SHANKARAGOUDA @ SHEKARAGOUDA
      VEERANAGOUDA DYAPANAGOUDAR,
      AGE:65 YEARS, OCC: NIL,
      R/O: YARAGUPPI TQ: HUBBALLI,
      DIST: DHARWAD.

2.    SRI. PRADEEP GOUDA
      S/O SHANKARAGOUDA DYAPANAGOUDAR,
      AGE:43 YEARS, OCC: AGRICULTURE,
      R/O: YARAGUPPI TQ: HUBBALLI,
      DIST: DHARWAD.

3.    PRABHAVATI D/O SHANKARAGOUDA
      DYAPANAGOUDAR, AGE:42 YEARS,
      OCC: HOUSEHOLD, R/O: YARAGUPPI,
      TQ: HUBBALLI, DIST: DHARWAD.

4.    SRI. PRASHANT GOUDA
      S/O SHANKARAGOUDA DYAPANAGOUDAR,
      AGE:43 YEARS, OCC: AGRICULTURE,
      R/O: YARAGUPPI, TQ: HUBBALLI
      DIST: DHARWAD.
                                         ...APPELLANTS
(BY SRI ANJANEYA M, ADV.)
                             2




AND :

1.      MAHABALESHWAR S/O SHIVAPPA MADANUR
        AGE: MAJOR, OCC: BUSINESS,
        R/O: YARAGUPPI VILLAGE,
        TQ: HUBBALLI, DIST: DHARWAD-580023.

2.    THE DIVISIONAL MANAGER,
      ORIENTAL INSURANCE COMPANY LIMITED,
      DIVISIONAL OFFICE II FLOOR,
      ENKAY COMPLEX, KESHWARPUR,
      HUBBALLI-580029.
                                       ... RESPONDENTS

(NOTICE TO RESPONDENT NO.1 : DISPENSED WITH) (BY SRI M.Y.KATAGI, ADV. FOR R.2)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.01.2020 PASSED IN MVC NO.450/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION 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.4,45,000/-

(Rupees Four Lakh Forty 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 compensation awarded, 50% of

the amount is ordered to be kept in fixed deposit in

any nationalized bank or scheduled bank of claimant's

choice for a period of three years and he would be

entitled to withdraw periodical interest. Balance 50%

of the amount is ordered to be paid to the claimants

on proper identification as per the order of the

Tribunal.

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

EM