Smt. Savitri W/O Mallikarjun ... vs Sri Ramesh S/O Yallappa Bisanal
2021 Latest Caselaw 6771 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.100165/2021 (MV)
             (LOK ADALAT NO.2018/2021)
BETWEEN :

1.      SMT. SAVITRI W/O MALLIKARJUN DUMMANAVAR
        AGE. 43 YEARS, OCC. HOUSE HOLD,
        R/O. GIRISAGAR -YADWAD,
        TQ. MUDALAGI, DIST. BELAGAVI 591344

2.    MALLIKARJUN S/O ISHWARAPPA DUMMANAVAR
      AGE. 49 YEARS, OCC. COOLIE,
      R/O. GIRISAGAR YADWAD,
      TQ. MUDALAGI, DIST. BELAGAVI 591344
                                          ... APPELLANTS
(BY SRI BAHUBALI.N.KANABARGI., ADV.)

AND :

1.      SRI RAMESH S/O YALLAPPA BISANAL
        AGE. 42 YEARS, OCC. BUSINESS,
        R/O. SIDESHWAR NAGAR,
        NEAR PAWAN CHIKKI,
        MUDHOL, TAL. MUDHOL,
        DIST. BAGALAKOT,
        PIN 587313

2.      THE ORIENTAL INSURANCE CO.LTD.,
        THROUGH ITS BRANCH MANAGER,
                              2




      BRANCH OFFICE,APMC ROAD,
      GOKAK TQ., PIN 591307
                                       ... RESPONDENTS

(BY SRI.S.S.JOSHI., ADVOCATE R2; (NOTICE TO RESPONDENT NO.1 : DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28.10.2020 PASSED IN MVC NO.2558/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GOKAK, 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 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.1,80,000/-

(Rupees One Lakh Eighty 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. The said amount shall be released in favour

of the claimant.

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

AM