Karnataka High Court
The Divisional Manager vs Smt. Ratnamma W/O Parameshappa ... on 12 March, 2022
Bench: Lok Adalath
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.100720/2022
Lok Adalat No.468/2022
BETWEEN:
1. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LTD.,
AM ARCADA, NEAR VIDHYRTHI BHAVAN,
P.G. HOSPITAL, DAVANAGERE,
REPRESENTED BY ITS REGIONAL OFFICE,
2ND FLOOR, KALBURGI BHADRAPUR INFINITY,
PINTO ROAD, HUBBALLI 580020,
REP. BY ITS REGIONAL MANAGER.
...APPELLANT
(BY SRI. NAGANGOUDA R. KUPPELUR., ADVOCATE)
AND:
1. SMT. RATNAMMA W/O PARAMESHAPPA SUNAGAR
AGE. 47 YEARS, OCC. COOLIE,
R/O. YETTANAHALLI M, MASUR VILLAGE,
TQ. RATTIHALLI, DIST. HAVERI,
NOW AT PAMPA NAGAR,
2
2ND CROSS, RANEBENNUR 581115.
2. PARAMESHAPPA S/O BANAPPA SUNAGAR
AGE. 52 YEARS, OCC. NIL,
R/O. YETTANAHALLI M, MASUR VILLAGE,
TQ. RATTIHALLI, DIST. HAVERI.
NOW AT PAMPA NAGAR,
2ND CROSS, RANEBENNUR 581115.
3. KUMARI JOTHI W/O HUCCHARAI CHAMAR
AGE. 23 YEARS, OCC. COOLIE,
R/O. BAGANAKATTI VILLAGE,
TQ. SHIKARIPUR, DIST. SHIMOGGA,
NOW AT YETTANAHALLI M,
MASUR VILLAGE, TQ. RATTIHALLI,
DIST. HAVERI 581117.
4. M/S A. K VEERESH PVT. LTD.,
PLOT NO.449/A, INDUSTRIAL AREA,
BALKAMPADY, MANGALURU 575011,
(OWNER OF THE GOODS LORRY
NO.KA-19-AC2902
...RESPONDENTS
(BY SRI. ANJANAY M., ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF
THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND
AWARD DATED 26.03.2021 PASSED IN MVC
NO.1152/2019 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
RANEBENNUR, AWARDING COMPENSATION OF
RS.20,76,000/- WITH INTEREST AT 7 PERCENT P.A. FROM
THE DATE OF PETITION TILL ITS REALIZATION.
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 Insurance
Company and the representative of Respondent-
Claimants along with its counsel are present.
2. After prolonged negotiations, the matter is
settled. The respondents-claimants have agreed to
receive and the appellant-Insurance Company has
agreed to pay a global compensation of
Rs.21,65,000/- (Rupees Twenty One Lakhs Sixty Five
Thousand only) with interest globally as against
Rs.20,76,000/- (Rupees Twenty Lakhs Seventy Six
Thousand only) with interest at 7% as awarded by the
tribunal in full and final settlement. Joint memo is
placed on record. The amount in deposit before this
Court is directed to transmit to the tribunal in
disbursement the amount of compensation awarded
decreed to be deposited within a period of 6 weeks, 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
PJ
