Kumari Pooja D/O Nagappa Tigadi vs Shri. Basappa Rudrappa ...
2022 Latest Caselaw 4351 Kant

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       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

               BEFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 12TH DAY OF MARCH, 2022

               CONCILIATORS PRESENT

          THE HON'BLE MR. JUSTICE P.N.DESAI

                        AND

              SHRI J.S.SHETTY, MEMBER

             MFA NO.100204/2022 (MV-D)
              LOK ADALAT NO.463/2022

BETWEEN

1.   KUMARI POOJA D/O NAGAPPA TIGADI
     AGE. 20 YEARS,
     OCC. HOUSEHOLD WORK,
     R/O. OF MOHARE,
     TQ. BAILHONGAL,
     DIST. BELAGAVI 591112.

2.   KUMARI PREETI D/O NAGAPPA TIGADI
     AGE. 17 YEARS,
     OCC. STUDENT,
     R/O. OF MOHARE,
     TQ. BAILHONGAL,
     DIST. BELAGAVI 591112.

3.   KUMARI PAVITRA D/O NAGAPPA TIGADI
     AGE. 14 YEARS,
     OCC. STUDENT,
                                2




      R/O. OF MOHARE,
      TQ. BAILHONGAL,
      DIST. BELAGAVI 591112.

SINCE APPELLANT NO.2 AND 3
ARE MINORS
THEY ARE REPRESENTED BY
THEIR ELDER SISTER
PETITIONER NO.1.

                                            ...APPELLANTS

(BY SRI. ASHOK A. NAIK, ADVOCATE)

AND

1.    SHRI. BASAPPA RUDRAPPA BADRAMANAVAR
      AGE. MAJOR,
      OCC. AGRICULTURE,
      R/O. HOSATTI,
      HANAMANAHATTI,
      DESHNUR,
      SAMPAGAON POST SUTAGATTI,
      BAILHONGAL,
      BELAGVI,
      PIN 591115.

2.    TATA AIG GENERAL INSURANCE CO.LTD.,
      R/BY THE MANAGER,
      BRANCH AT 3RD FLOOR,
      KALBURGI SQUARE,
      DESAI CROSS,
      HUBLI,
      STATE KARNATAKA 580020.

                                       ...RESPONDENTS

(BY SRI. S.J.BADDI, ADVOCATE FOR R2;

R1 DISPENSED WITH)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27.09.2021 PASSED IN MVC NO.302/2021 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, IN AWARDING COMPENSATION OF Rs..

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellants and the

representative of Respondent No.2-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 No.2-Insurance Company has agreed

to pay a global compensation of Rs.3,00,000/- (Rupees

Three 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 made

by the Tribunal in favour of appellant No.3-claimant No.3

shall hold good. The order of apportionment passed by the

Tribunal shall hold good and appellant Nos.1 and 2 i.e.

claimant Nos. 1 and 2 are entitled for release of their entire

share in the enhanced compensation.

5. The Respondent No.2-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.

Sd/-

JUDGE

Sd/-

MEMBER RH