Smt.Rukumawwa W/O Ramappa Lamani vs Sri.Krishna S/O Fakirappa Lamani
2022 Latest Caselaw 4395 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.103791/2019 [MV]
              (Lok Adalat No.2170/2021)

BETWEEN:

SMT.RUKUMAWWA W/O RAMAPPA LAMANI,
AGE: 70 YEARS, OCC: COOLIE NOW NIL,
R/O: OBALAPUR, TQ: RAMDURG,
DIST: BELAGAVI.
                                 ...APPELLANT

(BY SRI.CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1.     SRI. KRISHNA S/O FAKIRAPPA LAMANI,
       AGE: 42 YEARS, OCC: AGRICULTURE,
       R/O: BANNUR DLT, TQ: RAMDURG,
       DIST: BELAGAVI-591123.

       (OWNER OF MOTOR CYCLE HERO HONDA DREAM
       YUGA BEARING REG. No.KA-22/EM-9652)
                         2




2.   THE NATIONAL INSURANCE COMPANY LIMITED,
     THROUGH ITS DIVISIONAL MANAGER,
     DIVISIONAL OFFICE, HUBBALLI REGIONAL OFFICE,
     "ARIHANT PLAZA", 2ND FLOOR, KUSUGAL ROAD,
     HUBBALLI-580023

     (INSURER OF MOTOR CYCLE HERO HONDA DREAM
     YUGA BEARING REG. NO.KA-22/EM-9652)
     UNDER POLICY NO. 616010311610001501
     VALID FROM. 28/03/2017 TO 27/03/2018

                                   ....RESPONDENTS

(BY SRI.SHARMILA M. PATIL AND SRI. S.V.YAJI, ADVOCATES FOR R2; R1 NOTICE DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE

COURT TO ALLOW THIS APPEAL BY ENHANCING THE

COMPENSATION FROM Rs.2,32,000/- TO Rs.15,00,000/-

BY MODIFYINH THE JUDGMENT AND AWARD OF THE

SENIOR CIVIL JUDGE AND AMACT, RAMDURG, DATED

20.02.2019 IN MVC No.1556/2017, IN THE INTEREST OF

JUSTICE AND EQUITY.

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.1,00,000/-

(Rupees One 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 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

AC