Smt. Renuka W/O Sahadev Kammar vs Shri. Mohommed Ali S/O Hanifsab ...
2022 Latest Caselaw 4419 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. 103112/2018 [MV]
           (LOK ADALAT NO. 2157/2021)
BETWEEN:

1.    SMT. RENUKA W/O SAHADEV KAMMAR,
      AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
      R/O MARUTI GALLI, MODAGA,
      TAL & DIST: BELAGAVI,
      PIN CODE: 591 103.

2.    SHRI SUBHASH SAHADEV KAMMAR,
      AGE: 32 YEARS, OCC: DRIVER
      R/O MARUTI GALLI, MODAGA,
      TAL & DIST: BELAGAVI,
      PIN CODE: 591 103.

3.    SHRI SUNIL S/O SAHADEV KAMMAR,
      AGE: 31 YEARS, OCC: CARPENTER
      R/O MARUTI GALLI, MODAGA,
      TAL & DIST: BELAGAVI,
      PIN CODE: 591 103.
                            2




4.   SHRI PRASAD S/O SAHADEV KAMMAR,
     AGE: 29 YEARS, OCC: HOUSEHOLD WORK,
     R/O MARUTI GALLI, MODAGA,
     TAL & DIST: BELAGAVI,
     PIN CODE: 591 103.
                                  -    APPELLANTS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)

AND:

1.     SHRI. MOHOMMED ALI,
       S/O HANIFSAB BEPARI,
       AGE: MAJOR, OCC: BUSINESS,
       R/O VANNUR, TQ: BAILHONGAL,
       DIST: BELAGAVI, PIN CODE: 591 121,
       OWNER OF BOLERO GOODS VEHICLE
       BEARING REGISTERED NO.KA-24/8960.

2.     THE DIVISIONAL MANAGR,
       THE NATIONAL INSURANCE
       COMPANY LTD., 1ST FLOOR,
       PRABHU BUILDING 1732,
       RAMDEV GALLI, BELAGAVI,
       PIN CODE: 590 002.
                                  -   RESPONDENTS

(BY SRI. N.R. KUPPELUR, 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 03.04.2018 PASSED IN M.V.C. NO. 1192/2016 BY THE LEARNED X ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT, BELAGAVI & ETC.

THE 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 `2,80,000/-

(Rupees two lakh and eighty 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 bvv