Irafan @ Irfanahmed vs Mohan A S/O Thirukappa
2022 Latest Caselaw 4464 Kant

                            1




          HIGH COURT LEGAL SERVICES COMMITTEE
                    DHARWAD BENCH

                  BEFORE THE LOK ADALAT

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

          DATED THIS THE 12TH DAY OF MARCH, 2022

                  CONCILIATORS PRESENT

            THE HON'BLE MR. JUSTICE P.N.DESAI

                           AND

                 SHRI J.S.SHETTY, MEMBER

                 MFA NO.103579/2019 (MV)
                 LOK ADALAT NO.483/2022
BETWEEN

1.   SMT.SAVITHRI W/O YALLAPPA JADAR
     @ NIMBANNANAVAR,
     AGE: 30 YEARS,
     OCC: HOUSEHOLD,
     R/O: TILAVALLI,
     TQ: HANGAL,
     DIST: HAVERI-581109.

2.   KUM.LATHA D/O YALLAPPA JADAR
     @ NIMBANNANAVAR,
     AGE: 7 YEARS, OCC: NIL,
     R/O: TILAVALLI,
     TQ: HANGAL,
     DIST: HAVERI-581109.
     SINCE MINOR, REPRESENTED BY
     NATURAL MOTHER APPELLANT NO.1.

3.   KUM. AKASH S/O YALLAPPA JADAR
     @ NIMBANNANAVAR,
     AGE: 5 YEARS, OCC: NIL,
                              2




      R/O: TILAVALLI, TQ: HANGAL,
      DIST: HAVERI-581109.
      SINCE MINOR, REPRESENTED BY
      NATURAL MOTHER APPELLANT NO.1.

4.    LAXMAN S/O GUDDAPPA JADAR
      @ NIMBANNANAVAR,
      AGE: 68 YEARS, OCC: NIL,
      R/O: TILAVALLI,
      TQ: HANGAL,
      DIST: HAVERI-581109.

5.    DYAMAVVA W/O LAXMAN JADAR
      @ NIMBANNANAVAR,
      AGE: 63 YEARS, OCC: NIL,
      R/O: TILAVALLI, TQ: HANGAL,
      DIST: HAVERI-581109.
                                         ...APPELLANTS

(BY SRI. M. KUSUMARKAR AND
    SMT. RAJASHREE K., ADVOCATES)

AND

1.    MOHAN A S/O THIRUKAPPA
      AGE: 46 YEARS,
      OCC: BUSINESS,
      R/O: NAGAVADI CROSS,
      TATTUR POST,
      TQ: SORABA,
      DIST: SHIVAMOGGA-577429.

2.    THE AUTHORISED SIGNATORY
      SREERAM GENERAL
      INISURANCE CO. LTD.,
      E-8, EPIP, RICO INDUSTRIAL AREA,
      SITAPUR, JAIPUR,
      RAJASTHAN STATE-302022.
                                         ...RESPONDENTS

(BY SRI. S.K.KAYAKAMATH, ADVOCATE FOR R2;

R1 DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2018 MADE IN MVC.NO.101/2016 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HANGAL, BY ENHANCING THHE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

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 Rs.11,00,000/- (Rupees

Eleven Lakh 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 apportionment shall be in the ratio of

30:25:25:10:10. Since appellants 2 and 3 are minor their

entire share is ordered to be kept in fixed deposit in any

nationalized bank till they attain majority with a liberty to

the grandmother to withdraw interest accrued on fixed

deposit periodically for the welfare of the minors. The

compensation awarded in favour of appellants 1, 4 and 5 is

ordered to be released to their respective shares on proper

identification by the Tribunal.

4. The Respondent No.2-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 RH