Basavaraj S/O Basalingappa ... vs Smt. Chudamani W/O N K Naik
2022 Latest Caselaw 4312 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.102001/2020 [MV]
                  (Lok Adalat No.23/2022)

BETWEEN:

BASAVARAJ
S/O BASALINGAPPA MUDDENNAVAR
AGE: 58 YEARS, OCC: NOW NIL,
R/O: SHANKRIKOPPA VILLAGE,
TQ: HANGAL, DIST: HAVERI.
                                         ...APPELLANT

(BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1.     SMT. CHUDAMANI W/O N. K. NAIK,
       AGE: 82 YEARS, OCC: BUSINESS,
       R/O: MASTIBENA, KATGALA,
       TQ: KUMATA, DIST: SIRASI - 581 332.
                          2




2.    THE DIVISIONAL MANAGER,
      NATIONAL INSURANCE COMPANY LTD.,
      DIVISIONAL OFFICE, KESHWAPURA ROAD,
      HUBBALLI - 580 023.

3.    THE DEVELOPMENT OFFICE,
      NATIONAL INSURANCE COMPANY LIMITED,
      MICRO OFFICE, RAILWAY STATION ROAD,
      SANGAMA TALKIES, RANEBENNUR - 581 115.

                                        ....RESPONDENTS

(BY SRI RAVINDRA R. MANE, ADVOCATE FOR R2-R3, R1-DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE MOTOR VEHICLES ACT, 1988, AGAINST THE

JUDGMENT AND AWARD DATED 31.01.2020 PASSED IN

MVC No.202/2017 ON THE FILE OF THE ADDITIONAL

SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FISRT

CLASS, RANEBENNUR, 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.2,00,000/-

(Rupees Two 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

SSP