Smt. Hira @ Heera vs Mr. Murigeppa
2022 Latest Caselaw 4383 Kant

                             1




          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.100722/2020 (MV D)
                 LOK ADALAT NO.488/2022


BETWEEN

1.   SMT. HIRA @ HEERA
     W/O. PRAKASH JADHAV
     AGED ABOUT: 42 YEARS,
     OCC: HOUSEHOLD,
     R/O: # 1183,
     DHARWAD ROAD,
     HALIYAL,
     DIST: UTTARA KANNADA.

2.   ROHIT
     S/O. PRAKASH JADHAV
     AGED ABOUT: 14 YEARS,
     OCC: STUDENT,
     R/O: # 1183 DHARWAD ROAD,
     HALIYAL,
     DIST: UTTAR KANNADA.

3.   RAHUL
     S/O. PRAKASH JADHAV
                             2




      AGED ABOUT: 19 YEARS,
      OCC: STUDENT,
      R/O: # 1183 DHARWAD ROAD,
      HALIYAL,
      DIST: UTTAR KANNADA.

                                             ...APPELLANTS

(BY SRI. GIRISH S. HIREMATH, ADVOCATE)

AND

1.    MR. MURIGEPPA
      S/O. SHIVAPPA KAMATI
      AGED ABOUT : 55 YEARS,
      OCC: OWNER,
      R/O: # 93, KAMATAGI ONI,
      KAMALAPUR,
      MARATHA COLONY,
      DHARWAD.

2.    NATIONAL INSURANCE CO. LTD.,
      3, MIDDLETON STREET,
      POST BOX NO.9229,
      KOLKATA,
      R/BY DIVISIONAL MANAGER,
      HUDDAR BUILDING,
      1ST FLOOR,
      OPP. HEAD POST OFFICE,
      RAILWAY STATION ROAD,
      DHARWAD.

                                         ...RESPONDENTS

(BY SRI. S. K. KAYAKMATH, ADVOCATE FOR R2)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.02.2019 PASSED IN MVC NO.252/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HALIYAL, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED 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.50,000/- (Rupees fifty

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 No.1.

4. 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.

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 RH