Citation : 2022 Latest Caselaw 4427 Kant
Judgement Date : 12 March, 2022
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. 102912/2016 [MV]
(LOK ADALAT NO. 17/2022)
BETWEEN:
SMT. IRAVVA,
W/O BASAPPA TEGGIHALLI,
AGE: 54 YEARS,
OCC: HOUSEHOLD WORK,
R/O: DESHPANDE NAGAR,
HUBBALLI-580 029.
- APPELLANT
(BY SRI. ANJANEYA M, ADVOCATE)
AND:
1. M/S GVR CONSTRUCTION PRIVATE
LIMITED, REPRESENTED BY ITS
PROPRIETOR, R.C. HOLDER OF
VEHICLE NO. KA-04/C-1515,
ANDAL KRUPA, NO.416, 1ST FLOOR,
12TH CROSS, 3RD MAIN,
SADASHIV NAGAR,
2
BENGALURU-580 002.
2. NATIONAL INSURANCE COMPANY LIMITED,
CHENNAI BY ITS DIVISIONAL MANAGER,
DIVISIONAL OFFICE, SUJATA COMPLEX,
NEAR OLD BUS STAND,
HUBBALLI-580 029.
3. SHARANAPPA,
S/O BHEEMAPPA KODAGANUR,
AGE: MAJOR, OCC: DRIVER,
R/O JAKKALI, TQ: RON,
DIST: GADAG-582 123.
- RESPONDENTS
(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2, NOTICE TO R1 & R3 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.05.2016 PASSED IN
M.V.C. NO. 1128/2012 BY THE LEARNED II ADDL. SR.
CIVIL JUDGE AND MEMBER, AMACT, HUBBALLI & ETC.
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 No.2-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 No.2-Insurance Company has
agreed to pay a global compensation of `7,00,000/-
(Rupees seven 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 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
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