Karnataka High Court
Kaveri D/O Pandharinath @ ... vs Mr.Santosh And Anr on 12 March, 2022
Bench: Lok Adalath
1
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.200771/2017 (MV)
Lok Adalat No.147/2022
Between:
Kaveri D/o Pandharinath @ Panduranga,
Age: 15 years, Occ: Student under Guardianship
of her father Pandharinath @ Panduranga S/o Gopal,
Age: 40 years, Occ: Labour,
R/o Bagdal Tanda, Dist. Bidar-585 402.
... Appellant
(By Sri Basavaraj R.Math, Advocate)
And:
1. Mr. Santosh S/o Maruthi,
Age: Major, Occ: Business & Agri.,
R/o Sidheshwar Village, Tq. Bhalki,
Dist. Bidar-585 328.
(Owner of TATA Indica Car No.KA.39/M-1212)
2. The Manager, National Insurance Company Ltd.,
Branch Office, Giri Complex,
Basaveshwar Chowk, G.G.Road, Bidar-585 401.
... Respondents
(V/o dated 12.03.2022 notice to R1 is dispensed with;
By Sri. Sharanabasappa M.Patil, Advocate for R2)
This Miscellaneous First Appeal is filed under Section
173(1) of the M.V.Act, praying to modify the impugned
judgment and award dated 01.10.2016 passed by the
Addl. MACT and Prl. Senior Civil Judge & CJM at Bidar in
MVC No.207/2012.
This appeal coming on for Conciliation before Lok
Adalat, this day, the following order is passed:
CONCILIATION ORDER
In view of the submission made by the learned
counsel for the appellant, notice to respondent No.1 is
dispensed with, at the risk of the appellant.
2. The learned counsel for the
appellant/claimant and the representative of
Respondent-Insurance Company along with its counsel
are present.
3. 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.
4. Entire amount shall be released in favour of
the claimant.
5. 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.
6. 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.
7. Sri Sharanabasappa M. Patil, learned
counsel for the respondent No.2 is permitted to file
Vakalat within two weeks from today.
Sd/-
JUDGE
Sd/-
MEMBER
BL
