Smt.Laxmee W/O. Shrinath Gouda vs Sri.Rajamanna M.Mullanavar
2022 Latest Caselaw 4429 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 MRS.JUSTICE K.S. HEMALEKHA
                         AND
     SMT. ANURADHA R.DESHAPANDE, MEMBER

                M.F.A.No.101787/2020
               Lok Adalat No.467/2022

BETWEEN

1.   SMT.LAXMEE W/O. SHRINATH GOUDA
     AGE : 27 YEARS, OCC : HOUSEHOLD,
2.   KUMAR ADVEEKA W/O. SHRINATH GOUDA
     AGE : 1 YEARS, OCC : NILL,
3.   SMT. SHASHIKALA W/O. MAHADEV GOUDA
     AGE : 53 YEARS, OCC : HOUSEHLD,
     [APPELLANT NO.2 IS THE MINOR REPTD.BY NATURAL
     GUARDIAN MOTHER]
                                          ...APPELLANTS
(BY SRI. GIRISH S. HIREMATH., ADVOCATE)


AND:
                                2




1.   SRI.RAJAMANNA M.MULLANAVAR
     AGE : 41 YEARS, OCC:OWNER OF THE
     MAHINDRA TEMPO BEARING
     REG.NO.KA-31/2239, R/O : KAWALWAD VILLAGE,
     TQ : HALIYAL, DIST : KARWAR.
2.   THE NEW INDIA INSURANCE CO.LTD.,
     BLDG 87 M.G.ROAD, FORT MUMBAI
     REP.BY ITS DIVISIONAL MANAGER
     SHRINATH COMPLEX 2ND FLOOR
     NEW COTTON MARKET HUBLI
     DIST : DHARWAD


                                          ....RESPONDENTS

(BY SRI.M. Y. KATAGI., ADVOCATE FOR R-2)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.10.2019 PASSED IN MVC NO.67/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HALIYAL, 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.14,00,000/-

(Rupees Fourteen Lakhs 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-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

PJ