Smt.Hanumamma @ Lakshmavva W/O. ... vs Sri.Basavaraj S/O. ...
2022 Latest Caselaw 4442 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.104800/2019 [MV]
                  (Lok Adalat No.2173/2021)

BETWEEN:

1 .  SMT.HANUMAMMA @ LAKSHMAVVA
     W/O MAHESHAPPA, AGE: 35 YEARS,
     OCC: AGRI AND COOLIE, R/O: MUKKUMPI,
     TQ : GANAGAVATHI, DIST: KOPPAL
     NOW RESIDING AT CHIKKABENEKAL VILLAGE,
     TQ: GANGAVATHI, DIST: KOPPAL.
                                   ...APPELLANTS
(BY SRI. B. SHARANABASAWA, ADVOCATE)

AND:

1.     SRI.BASAVARAJ S/O. CHANNABASAYYA M.
       AGE : 27 YEARS,
       OCC: DRIVER OF MARUTI WAGEN R CAR,
       BEARING ITS REG.NO.KA-37/M-9068,
       R/O: MARLANAHALLI, TQ: GANGAVATHI,
       DIST: KOPPAL.
                           2




2.   UDAY KUMAR
     S/O. VIRUPAKSHAPPA KALGUDI,
     AGE: 37 YEARS,
     OCC: OWNER OF MARUTI WAGEN R CAR,
     BEARING ITS REG.No.KA-37/M-9068,
     R/O: WARD No. 8, INDIRANAGAR,
     KARATAGI, TQ : GANGAVATHI,
     DIST: KOPPAL.

3.   THE REGIONAL MANAGER,
     NATIONAL INSURANCE COMPANY LIMITED,
     REGIONAL OFFICE, 2ND FLOOR,
     ARIHANTH PLAZA, KUSUGAL ROAD,
     HUBLI-580 023.
                                     ....RESPONDENTS

(BY SRI.M.Y.KATAGI, ADVOCATE FOR R3) (R1 & R2-SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT TO THIS HON'BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DATED 27.11.2018, PASSED BY THE SENIOR CIVIL JUDGE AND MACT, AT: GANGAVATHI, IN M.V.C.No.396/2017, BY ENHANCING THE COMPENSATION S CLAIMED IN CLAIM PETITION, 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.2,25,000/-

(Rupees Two Lakh Twenty Five 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

SSP