Smt.Lathamma W/O Veerayya @ Smt. ... vs Sri.Halesh S/O Venkatesh Bhovi
2022 Latest Caselaw 4438 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.104913/2019 [MV]
             (Lok Adalat No.2174/2021)

BETWEEN:

SMT.LATHAMMA W/O VEERAYYA
@ SMT. LATHA D/O MARISWAMY,
AGE: 36 YEARS
OCC: DAIRY FARMING AND MILK VENDING,
R/O: BASAVANAL, POST: LINGADAHALLI,
TQ AND DIST: DAVANAGERE, NOW @ #28,
UMASHANKAR NAGAR, 2ND CROSS,
RANEBENNUR, TQ: RANEBENNUR,
DIST: HAVERI.
                                 ...APPELLANT

(BY SRI.CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1.     SRI. HALESH S/O VENKATESH BHOVI,
       AGE: MAJOR, OCC: OWNER OF THE VEHICLE,
                          2




     R/O: #28, KOLAKERE, TQ: CHANNAGIRI,
     DIST: DAVANAGERE-577213.

     (OWNER OF THE VEHICLE BEARING
     REG. NO.KA-17/TC-8947)

2.   THE DIVISIONAL MANAGER,
     NATIONAL INSURANCE COMPANY LIMITED,
     ARIHANATA PALZA, 2ND FLOOR,
     KUSUGAL ROAD, KESHWAPUR, HUBBALLI-29,

     (OWNER OF THE VEHICLE BEARING
     REG. No.KA-17/TC-8947)
     INSURANCE POLICY NO.616015311710000403
     VALID FROM 10.05.2017 TO 09.05.2018.

                                     ....RESPONDENTS

(BY SMT.PREETI SHASHANK AND SRI. S.K.KAYAKAMATH, ADVOCATES FOR R2; R1 DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR, DATED 30.09.2019 IN MVC No.765/2018, IN THE INTEREST OF JUSTICE AND EQUITY.

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.1,60,000/-

(Rupees One Lakh Sixty 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