Akkatayi W/O Krishna Pawar And Anr vs Shrinivas S/O Keshappa ...
2022 Latest Caselaw 4321 Kant

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
              BEFORE THE LOK-ADALAT
           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 12TH DAY OF MARCH, 2022
                 CONCILIATORS PRESENT



        THE HON'BLE MR. JUSTICE K.SOMASHEKAR
                           AND
                 SRI. A.M.PATIL, MEMBER
               M.F.A. No.202435/2018 (MV)
                 Lok Adalat No.198/2022
Between:

1.     Akkatayi W/o Krishna Pawar
       Age: 50 years, Occ: Housewife
2.     Krishna @ Krishnath S/o Namdev Pawar
       Age: 52 years, Occ: Doctor
       Both are R/o Badami
       Tq. Dist: Bagalkot
       Now residing at Dobale Galli
       Vijayapura-586 101
                                              ... Appellants
(By Sri Basavaraj R. Math, Advocate)
And:

1.     Shrinivas S/o Keshappa Kalasannavar
       Age: 42 years, Occ: Business
       R/o Kolachi, Tq. Ramadurg
       Dist. Belaganvi-591 127
       (Owner of vehicle No.KA.24/8191)
                               2




2.    The Branch Manager
      National Insurance Co. Ltd.
      Vijayapur-586 101
                                            ... Respondents

(By Smt. Preeti Patil Melakundi, Advocate for R2; V/o dated 29.09.2021, notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act, praying to modify the impugned judgment and award dated 30.06.2018 passed by the III Addl. Senior Civil Judge and MACT No.XII, Vijayapura in MVC No.617/2016.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

The learned counsel for the appellants/claimants

and the representative of Respondent-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellants-claimants have agreed to receive

and the Respondent-Insurance Company has agreed to

pay a global compensation of Rs.5,50,000/- (Rupees Five

Lakhs 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. Entire enhanced amount shall be released in

favour of the claimants as per the apportionment made by

the Tribunal.

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

RSP