Smt. Leelavathi W/O Dundyappa ... vs Smt. Sapana W/O Vinaya Sawkar
2021 Latest Caselaw 6804 Kant

       HIGH COURT LEGAL SERVICES COMMITTEE,
                 DHARWAD BENCH

              BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

     DATED THIS THE 18 T H DAY OF DECEMBER, 2021

               CONCILIATORS PRESENT:

      HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                         AND
           SRI.S.S. BADAWADAGI, MEMBER

             M.F.A.No.101155/2021 [MV]
             (Lok Adalat No.1961/2021)

BETWEEN:

SMT. LEELAVATHI W/O DUNDYAPPA MUDGAL
AGE:59 YEARS, OCC:HOUSEHOLD WORK,
R/O 1 S T CROSS, RAJESHWARI NAGAR,
RANEBENNUR-581111.
                                   ...APPELLANT
(BY SRI.ANJANEYA M, ADVOCATE)

AND:

1.     SMT. SAPANA W/O VINAYA SAWKAR
       AGE:MAJOR, OCC:OWNER OF INNOVA
       CAR REG.NO.KA-27/M-8387, R/O:
       VENKATESHWARA KRUPA, VINAYAK
       NAGAR, RANEBENNUR-581111.

2.     REGIONAL MANAGER
       NATIONAL INSURANCE COMPANY
       LIMITED, ARIHANTA PLAZA 2ND FLOOR,
       OPP. TO SBI ZONAL OFFICE, KUSUGAL ROAD,
                             2




     HUBBALLI-580029.
                                     ....RESPONDENTS

(BY SRI.S.K. KAYAKAMATH, ADVOCATE FOR R2) (R1-NOTICE DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT TO CALL FOR THE RECORDS TO HEAR THE PARTIES AND MAY KINDLY BE MODIFIED THE JUDGMENT AND AWARD DATED 31.01.2020 BY ENHANCING THE COMPENSATION IN MVC NO.346/2017 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

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.1,50,000/- (Rupees One Lakh

Fifty 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

JTR