Smt.Latha W/O Mallikarjunayya ... vs Sri.Karibasappa S/O Revanappa
2022 Latest Caselaw 4338 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 MRS.JUSTICE K.S. HEMALEKHA
                     AND
    SMT. ANURADHA R.DESHAPANDE, MEMBER

          M.F.A.No.101460/2019 [MV]
            (Lok Adalat No.314/2022)

BETWEEN:
1. SMT.LATHA W/O MALLIKARJUNAYYA ARADYAMATH
   AGE:48 YEARS,
   OCC:HOUSEHOLD WORK,
   R/O.MRUTHYUNJAYA NAGAR,
   RANEBENNUR,
   TQ:RANEBENNUR,
   DIST:HAVERI
2. NETRA D/O MALLIKARJUNAYYA ARADYAMATH
   AGE:24 YEARS,
   OCC:STUDENT,
   R/O.MRUTHYUNJAYA NAGAR,
   RANEBENNUR,
   TQ:RANEBENNUR,
   DIST:HAVERI
3. GANESH S/O MALLIKARJUNAYYA ARADYAMATH
   AGE:22 YEARS,
   OCC:STUDENT,
   R/O.MRUTHYUNJAYA NAGAR,
                         2




     RANEBENNUR,
     TQ:RANEBENNUR,
     DIST:HAVERI
4.   NAYANA D/O MALLIKARJUNAYYA ARADYAMATH
     AGE:19 YEARS,
     OCC:STUDENT,
     R/O.MRUTHYUNJAYA NAGAR,
     RANEBENNUR,
     TQ:RANEBENNUR,
     DIST:HAVERI

                                     ... APPELLANTS

(BY SRI. ANJANEYA M, ADVOCATE)

AND:

1.   SRI.KARIBASAPPA S/O REVANAPPA
     AGE:MAJOR, OCC:NOT GIVEN
     R/O.DURGAMMA TEMPLE,
     HOSPETE ROAD, HARIHAR
     DIST:DAVANAGERE
2.   THE DIVISIONAL MANAGER
     THE NEW INDIA ASSURANCE COMPANY LIMITED,
     A.M.ARCHED, C.G.HOSPITAL ROAD,
     DAVANAGERE
                                    ...RESPONDENT'S

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2 SERVICE OF NOTICE TO R1 - SERVED)

MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.01.2019 PASSED IN MVC NO.1406/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, 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 Appellants-claimants have agreed to

receive and the Respondent-Insurance Company has

agreed to pay a global compensation of Rs.9,00,000/-

(Rupees Nine 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 order of apportionment and deposit ordered

by the Tribunal shall hold good for the compensation

awarded in this appeal.

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 Vmb