Paravva W/O. Hanumanthappa ... vs Pashupati S/O. Shivanand ...
2021 Latest Caselaw 6584 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. 103529 OF 2019 (MV)
          LOK ADALAT NO.1898/2021

BETWEEN

1 . PARAVVA W/O. HANUMANTHAPPA OLEKAR
AGE : 48 YEARS
OCC: HOUSEHOLD WORK
R/O : HIREYADACHI VILLAGE,
TQ: HIREKERUR,
DIST: HAVERI-58110

2 . SUMA D/O. HANUMANTHAPPA OLEKAR
AGE : 25 YEARS
OCC: HOUSEHOLD WORK
R/O : HIREYADACHI VILLAGE,
TQ: HIREKERUR,
DIST: HAVERI-58110
                                     ...APPELLANTS

(BY SMT M KUSUMAKAR AND SMT.RAJASHREE ADVS.,)
                           -2-




    AND

    1 . PASHUPATI S/O. SHIVANAND MAHASWAMIGALU,
    AGE : 48 YEARS,
    OCC : OWNER OF SCORPIO CAR
    BEARING NO.KA-15 M-3800,
    R/O : DINDADAHALLI VILLAGE,
    TQ : SHIKARIPUR,
    DIST : SHIVAMOGGA-577002.

    2. M.J.SHADAKASHARYYA @ GURUSIDDAYYA
    AGE : 33 YEARS,
    OCC : DRIVER OF SCORPIO CAR
    BEARING NO.KA-15 M-3800,
    R/O : GAMA,
    TQ: SHIKARIPUR,
    DIST : SHIVAMOGGA-577002.

    3. THE MANAGING DIRECTOR
    CHOLAMANDALAM GENERAL INSURANCE CO.LTD.,
    KALBURGI SQUIRE BUILDING,
    2ND FLOOR, DESHAPANDE NAGAR,
    HUBBALLI,
    TQ : HUBBALLI,
    DIST : DHARWAD

                                        ...RESPONDENTS

(BY SRI. S K KAYAKAMATH, ADV., FOR R3;

NOTICE TO R1 & 2 DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 2/3/2019 PASSED IN MVC NO.29/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIREKERUR, 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 appellants and the

representative of Respondent -Insurance Company along with its

counsel are present.

3. 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.2,00,000/- (Rupees two lakhs 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

claimants in the proportion as per the award passed by the

tribunal.

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/-