Smt.Swaliya W/O Saleem Sanadi vs Smt.Shalan W/O Ananda Vibhute
2021 Latest Caselaw 6597 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.102549 OF 2019 (MV)
                 LOK ADALAT NO.1699/2021

BETWEEN:
1.     SMT.SWALIYA
       W/O SALEEM SANADI
       AGE: 27 YEARS,
       OCC: HOUSEHOLD,
       R/O: BHOJ, TQ: CHIKODI,
       DIST: BELAGAVI-593107.

2.     SHRI.SALEEM
       S/O ASKAR SANADI
       AGE: 29 YEARS,
       OCC: AGRICULTURE,
       R/O: BHOJ, TQ: CHIKODI,
       DIST: BELAGAVI-593107.
                                                ...APPELLANTS

(BY SRI. SANTOSH S HATTIKATAGI, ADVOCATE)
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AND
1.    SMT.SHALAN
      W/O ANANDA VIBHUTE
      AGE: MAJOR,
      OCC: BUSNIESS AND AGRICULTURE,
      R/O: RENDAL,
      TQ: HATKANANGALE,
      DIST: KOLHAPUR,
      STATE: MAHARASHTRA-416236.

2.    THE DIVISIONAL MANAGER
      NEW INDIA ASSURANCE COMPANY LTD,.
      CLUB ROAD, BELAGAVI-593107.

                                           ...RESPONDENTS

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

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2019 PASSED IN MVC NO.272/2017 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI, 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

The learned counsel for the appellants and the

representative of Respondent No.2-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.2-Insurance Company has agreed to pay a global

compensation of Rs.1,00,000/- (Rupees One Lakh 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

claimants. The order of apportionment passed by the Tribunal

shall hold good.

4. The respondent No.2-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