Kumari.Shrinidhi D/O Parasappa ... vs Shri.Vijaykumar S/O. Ramappa ...
2022 Latest Caselaw 4353 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.101035/2019 [MV]
             (Lok Adalat No.2286/2021)

BETWEEN:

1.   KUMARI.SHRINIDHI D/O PARASAPPA
     MUGALKHOD
     AGE:8 YEARS,
     OCC:STUDENT (NOW NIL)
     BEING MINOR R/BY HER
     NATURAL MOTHER AS MINOR GUARDIAN
     SMT.ROOPA PARASAPPA MUGALKHOD
     AGE:30 YEARS,
     OCC:AGRICULTURE COOLIE (NOW NIL)
     R/O. A/P:NAVALAGI,
     TQ:JAMAKHANDI,
     DIST:BELAGAVI
                                   ... APPELLANT

(BY SRI. H D PATIL.,ADVOCATE)
                         2




AND:

1.   SHRI.VIJAYKUMAR S/O. RAMAPPA TELI
     AGE:MAJOR,
     OCC:BUSINESS,
     R/O.H.NO.877/3,
     A/P.HANDIGUND,
     TQ:RAIBAG,
     DIST:BELAGAVI-591317
2.   THE DIVISIONAL MANAGER
     IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
     HAVING ITS DIVISIONAL OFFICE AT,
     2ND FLOOR,
     SHIKSHAN VISHWASTH MANDAL,
     SHIKSHAK BAHAVAN,
     COLLEGE ROAD,
     BELAGAVI-590001.

                                 ...RESPONDENT'S

(BY SRI. R1 SD.

SRI. M.K.SOUDAGAR, ADVOCATE FOR R2)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 05.02.2019 PASSED IN MVC NO.2079/2017 ON THE FILE OF THE X ADDITIONAL DISTRICT AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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 Appellant-claimant has agreed to receive

and the Respondent-Insurance Company has agreed

to pay a global compensation of Rs.10,000/- (Rupees

Ten 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. The said amount shall be released in favour of

the claimant.

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