Vijayalaxmi W/O Mallappa ... vs Laxman S/O Ramanna Tanagi
2022 Latest Caselaw 4305 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.102712/2020 [MV]
             (Lok Adalat No.2178/2021)

BETWEEN:

SMT. VIJAYALAXMI
W/O MALLAPPA RACHANNAVAR,
AGE: 33 YEARS, OCC: COOLIE, NOW NIL,
R/O: KARADIGUDDI,
TQ AND DIST: BELAGAVI-591103
                                     ...APPELLANT
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)

AND:

1.     SHRI. LAXMAN S/O RAMANNA TANAGI,
       AGE: MAJOR, OCC: DRIVER,
       R/O: GUDNATTI, TAL: GOKAK,
       DIST: BELAGAVI-591307.

       (OWNER OF MOTOR CYCLE No.
       KA-49/U-8982)
                          2




2.    NATIONAL INSURANCE COMPANY LIMITED,
      R/BY ITS DIVISIONAL MANAGER,
      RAMDEV GALLI, BELAGAVI-590001.

      (INSURER OF MOTOR CYCLE No.
      KA-49/U-8982)

                                      ....RESPONDENTS

(BY SMT.SHARMILA M. PATIL, ADVOCATE FOR R2; R1 NOTICE DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE MOTOR VEHICLES ACT, 1988, AGAINST JUDGMENT

AND AWARD DATED 21.03.2020 PASSED IN MVC

No.2151/2018 ON THE FILE OF THE VI ADDITIONAL

DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS

TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM

PETITION FOR COMPENSATION AND SEEKING

ENHANCEMENT OF COMPENSATION.

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.1,00,000/-

(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. 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

AC