Karnataka High Court
Smt.Lalithavva W/O.Shivappa ... vs Mukesh S/O. Basavarajappa ... on 12 March, 2022
Bench: Lok Adalath
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.104032/2019
Lok Adalat No.469/2022
BETWEEN:
1. SMT.LALITHAVVA W/O.SHIVAPPA MOTAVVANAVAR
AGE : 48 YEARS, OCC : HOUSEHOLD WORK,
R/O : KASHAMBI, TQ : BYADAGI
NOW AT GOURAPUR, TQ and DIST : HAVERI.
2. SHIVAPPA S/O. RUDRAPPA MOTAVVANAVAR
AGE : 58 YEARS, OCC : NIL,
R/O : KASHAMBI, TQ : BYADAGI
NOW AT GOURAPUR, TQ and DIST : HAVERI.
...PETITIONERS
(BY SRI. C. M. HOSAMANI., ADVOCATE)
AND:
1. MUKESH S/O. BASAVARAJAPPA GULEDAR
AGE : 45 YEARS, OCC : AGRICULTURE and
BUSINESS, R/O : CHINNAMULAGUNDA,
2
TQ : BYADGI, DIST : HAVERI-581106
(OWNER OF MOTOR CYCLE NO.KA-27/S-9692)
2. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO.LTD.,
2ND FLOOR, SRINATH COMPLEX,
NEW COTTON MARKET, HUBBALLI-580 020.
(INSURER OF THE MOTOR CYCLE NO.-KA-27/S-9692)
POLICY NO.6805431150100001533.
VALID FROM 06.07.2015 TO 05.07.2016.
3. NISARAHMED S/O. NANNESAB HAVERI
AGE : 43 YEARS, OCC : AGRICULTURE and
BUSINESS, R/O : KASHAMBI
TQ: BYADGI, DIST : HAVERI-581106
(OWNER OF THE MOTOR CYCLE NO.KA-27/R-3204)
4. THE BRANCH MANAGER
NATIONAL INSURANCE CO.LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P.B.ROAD, HAVERI-581110.
(INSURER OF THE MOTOR CYCLE NO.KA-27/R-3204)
POLICY NO.610502311510007297
VALID FROM 01.01.2016 TO 31.12.2016)
...RESPONDENTS
(R-1 AND R-3 N/D/W)
(BY SRI. M. Y. KATAGI., ADVOCATE AND
SMT. SHARMILA M. PATIL., ADVOCATE FOR R-2)
(BY SMT. VEENA HEGDE., ADVOCATE FOR R-4)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF
THE MOTOR VEHICLES ACT, 1988 AGAINST THE
JUDGMENT AND AWARD DATED 10.05.2019 PASSED IN
MVC NO.315/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL, HAVERI, 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 Appellants-claimants has agreed to
receive and the Respondent-Insurance Company has
agreed to pay a global compensation of Rs.2,55,000/-
(Rupees Two Lakhs Fifty 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. Out of the compensation awarded, Rs.2,00,000/-
to be released in the name of the appellants on proper
identification. The remaining Rs.55,000/- to be
deposited in the name of the appellant No.1/ mother,
the amount is ordered to be kept in fixed deposit in
any nationalized bank or scheduled bank of claimant's
choice for a period of three years and she would be
entitled to withdraw periodical interest.
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
