The Divisional Manager vs Smt. Sumangala Mallikarjun ...
2022 Latest Caselaw 4456 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. 100563/2019 [MV]
           (LOK ADALAT NO. 2158/2021)
BETWEEN:

1.    SMT. CHANDRAWWA,
      W/O BHIMAPPA TALAWAR,
      AGE: 59 YEARS, OCC.: HOUSEHOLD WORK,
      R/O AIGALI, TAL: ATHANI, DIST: BELAGAVI,
      PIN CODE: 591 248.

2.    SMT. MEENAXI W/O ANNAPPA DHANGE,
      AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
      R/O ARATAL, TAL: ATHANI, DIST: BELAGAVI,
      PIN CODE: 591 248.

3.    SMT. BHARATI W/O PARASAPPA GASTI,
      AGE: 31 YEARS, OCC.: HOUSEHOLD WORK,
      R/O ATHANI, TAL: ATHANI, DIST: BELAGAVI,
      PIN CODE: 591 304.

4.    SHRI. MALLIKARJUN,
      S/O BHIMAPPA TALAWAR,
                           2




     AGE: 24 YEARS, OCC: STUDENT,
     R/O AIGALI, TAL: ATHANI,
     DIST: BELAGAVI,
     PIN CODE: 591 248.
                                  -    APPELLANTS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)

AND:

1.     SMT. SUMANGALA,
       W/O MALLIKARJUN NIDONI,
       AGE: MAJOR, OCC: BUSINESS,
       R/O TELSANG, TAL: ATHANI,
       DIST: BELAGAVI,
       PIN CODE: 591 265
       (OWNER OF TRACTOR NO. KA-23/TA-82
       AND TRAILER NO. KA-23/TA-83).

2.   THE DIVISIONAL MANAGER,
     NATIONAL INSURANCE COMPANY LTD.,
     HAVING ITS DIVISIONAL OFFICE AT
     RAMDEV GALLI, BELAGAVI,
     PIN CODE: 590 002.
                                  -   RESPONDENTS

(BY SRI. S.S. JOSHI, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2017 PASSED IN M.V.C. NO. 521/2013 BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND AMACT, ATHANI & ETC.

THIS MISCELLANEOUS FIRST 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 appellants and the

representative of Respondent No.2-Insurance

Company along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellants-claimants have agreed to

receive and the Respondent No.2-Insurance Company

has agreed to pay a global compensation of

`8,75,000/- (Rupees eight lakhs seventy five

thousand only) with interest at 6% p.a. from the date

of petition till payment instead of `8,00,500/-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 appellants-claimants equally.

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 bvv