Smt.Savitramma W/O ... vs Shri.Tirakappa S/O Nagappa ...
2021 Latest Caselaw 6586 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 MR. JUSTICE RAVI V.HOSMANI
                             AND
            SHRI MRUTYUNJAY TATA BANGI, MEMBER

       MISCELLANEOUS FIRST APPEAL NO.103716/2019 (MV)
                  LOK ADALAT NO.1935/2021

BETWEEN:

1.     SMT.SAVITRAMMA
       W/O CHANNABASAPPA HOSALLI
       AGE.38 YEARS, OCC. COOLIE
       R/O. KALLAPUR
       TQ AND DT. HAVERI-581102

2.     SHANKRAPPA
       S/O CHANNABASAPPA HOSALLI
       AGE.21 YEARS, OCC. AGRICULTURE
       R/O. KALLAPUR
       TQ AND DT. HAVERI-581102

                                               ...APPELLANTS.

(BY SHRI B M PATIL, ADVOCATE.)


AND:

1 . SHRI.TIRAKAPPA
    S/O NAGAPPA KAMBALI
    R/O. HIRELINGADAHALLI
    TQ AND DT. HAVERI-581110
                              2




2 . THE DIVISIONAL MANAGER
    UNITED INDIA INSURANCE CO.LTD.,
    ITS BRANCH OFFICE
    AT. MUKTALI BUILDING
    HANGAL ROAD, HAVERI-581110

                                             ...RESPONDENTS.

(BY SHRI C.V.ANGADI, ADVOCATE, FOR R.2; R.1 - NOTICE SERVED.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY JUDGMENT AND AWARD DATED 09.08.2019 PASSED IN MVC NO.1254/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, BY ENHANCING COMPENSATION, ETC.,.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

Learned counsel for claimants and representative of

Insurance Company along with its counsel are present.

2. After prolonged negotiations, matter is settled.

Claimants have agreed to receive and the Insurance Company

has agreed to pay a global compensation of Rs.2,00,000/-

(two lakh rupees 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

claimants. Order of apportionment made by tribunal holds

good for enhanced compensation also.

4. Insurance Company has agreed to deposit the

said amount before 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. Miscellaneous First Appeal stands disposed of in

terms of Joint Memo. Award of Tribunal shall stand modified

accordingly. Draw up the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER Mrk/-