Smt.Tulasabai W/O Appanna Gouli vs Mr.Khajasaheb N. Sulebhavi
2022 Latest Caselaw 4417 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.101930/2019 [MV]
                  (Lok Adalat No.2166/2021)

BETWEEN:

SMT.TULASABAI
W/O APPANNA GOULI,
AGE: 59 YEARS,
OCC: MILK VENDING (NOW NIL),
R/O: SARCHI CHAWL,
MARATHA GALLI, GOKAK,
GOKAK, DIST: BELAGAVI,
PIN CODE: 591307.
                                        ...APPELLANT

(BY SRI.SANJAY S. KATAGERI, ADVOCATE)

AND:

1.     MR.KHAJASAHEB N. SULEBHAVI,
       AGE: 39 YEARS,
       OCC: BUSINESS
                             2




      R/O: AMBA NAGAR,
      GOKAK, DIST: BELAGAVI,
      PIN CODE: 591307.

      (OWNER OF THE MOTORCYCLE BEARING
      REGD No.KA-49/S-9786)

2.    THE BRANCH MANAGER,
      THE NATIONAL INSURANCE COMPANY LIMITED,
      1ST FLOOR, 3217, MATRUCHAYA,
      NEAR BUS STAND ROAD,
      GOKAK, DIST: BELAGAVI,
      PIN CODE.591307.
                                   ....RESPONDENTS

(BY SRI.A.G.JADHAV, ADVOCATE FOR R2; R1 NOTICE SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 17.06.2017 PASSED IN MVC No.1398/2016 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, SITTING AT GOKAK, 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.1,50,000/-

(Rupees One Lakh 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.

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