Shilpa W/O Chandrappa Lamani vs Hanamantappa S/O Tayappa ...
2022 Latest Caselaw 4384 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 MR.JUSTICE S. SUNIL DUTT YADAV
                       AND
          SRI.S.S. BADAWADAGI, MEMBER

            M.F.A.No. 102427/2014 [MV]
              (Lok Adalat No.16/2022)
BETWEEN:

1.     SMT. SHILPA,
       W/O CHANDRAPPA LAMANI,
       AGE: 25 YEARS, OCC: HOUSEWIFE,
       R/O KABBUR THANDA SIDDESHWAR
       NAGAR, KABBUR, TQ & DIST: HAVERI,
       NOW AT KELAGERI, TQ & DIST: DHARWAD.

2.   SRI. CHANDRAPPA,
     S/O SHIVAPPA LAMANI,
     AGED: 26 YEARS, OCC: COOLIE,
     SIDDESHWAR NAGAR, KABBUR,
     TQ & DIST: HAVERI, NOW AT
     KELAGERI, TQ & DIST: DHARWAD.
                                  -   APPELLANTS
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)

AND:
                           2




1.   HANAMANTAPPA S/O TAYAPPA KARACHAND,
     AGE: 32 YEARS, OCC: BUSINESS AND OWNER
     OF CAR BEARING ITS REGISTRATION
     NO. MH-01-NA-5030 R/O VALMIKI SANGHA,
     BYADGI, TQ & DIST: HAVERI.

2.   THE BRANCH MANAGER,
     NATIONAL INSURANCE CO. LTD.,
     R/O 1ST FLOOR, KRISHNA AGENCY BUILDING,
     P.B. ROAD, NEAR BUS STAND, HAVERI,
     R/BY THE DIVISIONAL MANAGER,
     NATIONAL INSURANCE CO. LTD.,
     R/O HUDDAR COMPLEX 1ST FLOOR,
     STATION ROAD, DHARWAD.
                                 -    RESPONDENTS

(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2, NOTICE TO R1 IS SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE

JUDGMENT AND AWARD DATED 30.06.2014 PASSED IN

M.V.C. NO. 650/2013 BY THE LEARNED III ADDL. SR.

CIVIL JUDGE AND AMACT, DHARWAD & ETC.

THIS MISCELLANEOUS FIRST 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 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-Insurance Company has

agreed to pay a global compensation of `1,30,000/-

(Rupees one lakh thirty 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 order of apportionment and deposit ordered

by the Tribunal shall hold good for the compensation

awarded in this appeal.

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

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