Karnataka High Court
Shri Rajakumar @ Raju Sangappa ... vs Shri Arjun Munna Karale on 12 March, 2022
Bench: Lok Adalath
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.102369 OF 2020
LOK ADALAT NO.420/2022
BETWEEN
1. SHRI RAJAKUMAR
@ RAJU SANGAPPA NAVI
AGE : 36 YEARS, OCC : COOLIE,
2. VITHAL S/O. RAJAKUMAR NAVI
AGE : 15 YEARS, OCC : STUDENT,
3. POOJA D/O. RAJAKUMAR NAVI
AGE : 13 YEARS, OCC : STUDENT,
ALL ARE R/O : HAVINAL,
TQ : INDI, DIST : VIJAYAPUR
NOW AT CHANNAMMA NAGAR,
DIST : BELAGAVI
PIN COD : 590006
2
NOTE : SINCE APPELLANTS NO.2 AND 3 BEING MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN FATHER
APPELLANT NO.1
...APPELLANTS
(BY SRI.SANJAY S KATAGERI, ADVOCATE)
AND
1.SHRI ARJUN MUNNA KARALE
AGE : MAJOR, OCC : BUSINESS,
R/O : NO.123, YERALA POULTRY
VADIYA, RAIBAG,
TQ : KHADEGAON,DIST : SANGLI,
MAHARASHTRA,
MAHARASHTRA STATE-PIN CODE : 416416
(OWNER OF VEHICLE MOTOR CYCLE
BEARING REGD.NO.MH-10/CG-7569)
2.THE MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
HAVING OFFICE CLUB ROAD,
BELAGAVI, PIN CODE : 590006
(INSURER OF MOTORCYCLE NO.MH-10/CG-7569)
..RESPONDENTS
(BY SRI.M.K.SOUDAGAR, ADVOCATE FOR R2)
(NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
09.10.2018 PASSED IN MVC NO.63/2017 ON THE FILE OF
THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK
ADALAT AFTER BEING REFERRED 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.3,90,000/- (Rupees
Three Lakhs and Ninety 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. The same is accepted.
3. Out of the said amount, father is entitled for
40% and children at 30% each. Entire amount in respect
of appellant No.1 is ordered to be released. The share of
minor appellant nos.2 and 3 is ordered to be deposited in
their respective names in a nationalized Bank,in terms of
the order of apportionment passed by the Tribunal, till
they attain the age of majority.
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.
Amount in deposit before this Court, if any, shall be
transmitted to Tribunal forthwith for disbursement.
Sd/-
JUDGE
Sd/-
MEMBER
HMB
