Smt. Sakkubai W/O. ... vs Smt. Fatima W/O. Abdulwahab ...
2022 Latest Caselaw 4283 Kant

      HIGH COURT LEGAL SERVICES COMMITTEE,
                DHARWAD BENCH

             BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

      DATED THIS THE 12 T H DAY OF MARCH, 2022

              CONCILIATORS PRESENT:

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

            M.F.A.No.100024/2022 [MV]
            (Lok Adalat No. 365 /2022 )

BETWEEN:


1 .    SMT. SAKKUBAI
       W/O. HANAMANTAGOUDA GOUDAR
       AGE: 30 YEARS, OCC: HOUSEHOLD,

2 .    KUMARI SANGEETA
       D/O HANAMANTAGOUDA GOUDAR
       AGE: 12 YEARS, OCC: STUDENT,

3 .    KUMARI SWAPNA
       D/O HANAMANTAGOUDA GOUDAR
       AGE: 09 YEARS, OCC: STUDENT

4 .    KUMAR MANIKANTH
       S/O HANAMANTAGOUDA GOUDAR,
       AGE: 7 YEARS, OCC: STUDENT,
                          2




(PETITIONERS 2 TO 4 SINCE MINORS
REPRESENTED BY THEIR NATURAL MOTHER MINOR
GUARDIAN PETITIONER NO.1
SMT. SAKKUBAI W/O HANMANTAGOUDA GOUDAR)

5 .   SMT. PARVATEVVA
      W/O RAMANAGOUDA GOUDAR,
      AGE: 54 YEARS,
      OCC: HOUSEHOLD

ALL ARE RESIDENT OF BASARIKATTI
POST. KAMATAGI TQ: HUNAGUND
DIST: BAGALKOT
NOW RESIDING AT C/O. S.V.PATIL
H.NO.259, AMARNAGAR SUTAGATTI ROAD,
HUBBALLI, PIN CODE. 580021.

                                 ...APPELLANTS
(By SRI. R B HALLI AND SRI.D.V.PATTAR,
ADVOCATE)

AND

1 .   SMT. FATIMA W/O. ABDULWAHAB MAKANDAR
      AGE: MAJOR, OCC: OWNER OF CAR
      No.KA-31 M 4239,
      R/O. AT POST: KALAL ONE, MUNDAGOD
      TQ: MUNDAGOD, DIST: KARWAR,
      PIN CODE. 582118.

2 .   NATIONAL INSURANCE COMPANY LIMITED,
      REPRESENTED BY ITS DIVISIONAL MANAGER
      ARIHANT PLAZA, KUSUGAL ROAD,
      KESHWAPUR HUBBALLI, DIST: DHARWAD,
      PIN CODE. 580021.
                               ...RESPONDENTS

(BY SRI. S.S.JOSHI, 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 RECORDS AND ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE FIRST ADDITIONAL SENIOR CIVL JUDGE AND ADDITIONAL MACT HUBBALLI IN MVC No. 764/2015 DATED 07/12/2017 IN THE INTEREST 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.9,50,000/-

(Rupees Nine 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. Out of the compensation awarded, 50% of the

amount is ordered to be kept in fixed deposit in any

nationalized bank or scheduled bank of claimant's

choice for a period of three years and he would be

entitled to withdraw periodical interest. Balance 50%

of the amount is ordered to be paid to the claimant on

proper identification.

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 ssp