Fakira S/O Mallappa Patil vs Shankar Tukaram Jadhav
2021 Latest Caselaw 6595 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. 103096 OF 2019 (MV)
                  LOK ADALAT NO.1907/2021

BETWEEN:
1.     FAKIRA S/O MALLAPPA PATIL
       AGE:51 YEARS, OCC:COOLIE,
       R/O. GIT COLLEGE ROAD,
       UDYAMBAG, BELAGAVI 590008

2.     SHOBHA W/O. FAKIRA PATIL,
       AGE:38 YEARS, OCC:HOUSEHOLD,
       R/O. GIT COLLEGE ROAD,
       UDYAMBAG, BELAGAVI 590008

3.     SHANTABAI W/O. MALLAPPA PATIL
       AGE:81 YEARS, OCC:NIL,
       R/O:GIT COLLEGE ROAD,
       UDYAMBAG, BELAGAVI 590008
                                                  ...APPELLANTS
(BY SRI. VITTHAL S TELI, ADVOCATE)

AND
1.     SHANKAR TUKARAM JADHAV
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      AGE: MAJOR,
      OCC: TRANSPORT BUSINESS,
      R/O. SONGAON, TURF SATARA,
      TQ AND DIST: SATARA,
      MAHARASHTRA STATE-415514

2.    THE DIVISIONAL MANAGER,
      THE NEW INDIA ASSURANCE CO., LTD.,
      DIVISIONAL OFFICE AT CLUB ROAD,
      BELAGAVI.
                                                    ... RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV., FOR R2; R1- NOTICE SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 21/06/2019 IN MVC NO.1262/2018 PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL M.A.C.T., BELAGAVI PARTLY ALLOWING THE CLAIM PETITON AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent-Insurance Company along with its

counsel are present.

2. After prolonged negotiations, the matter is settled.

The appellant-claimant has agreed to receive and the

respondent-Insurance Company has agreed to pay a global

compensation of Rs.5,25,000/- (Rupees Five Lakh Twenty 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. The same is

accepted.

3. The entire amount shall be released in favour of the

appellants/claimants. The order of apportionment passed by the

Tribunal shall hold good.

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 yan