Citation : 2022 Latest Caselaw 4474 Kant
Judgement Date : 12 March, 2022
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.22888/2012(MFA)
LOK ADALAT NO.418/2022
BETWEEN
1. LAXMAPPA RUDRAPPA HUNAGUND,
AGE: 52 YEARS, OCC: COOLIE,
R/O: HALADUR, TALUK: BADAMI,
NOW AT MARIHAL,
TALUK & DIST. BELGAUM.
2. CHANNAWWA
W/O LAXMAPPA HUNAGUND,
AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
R/O: HALADUR, TALUK: BADAMI,
NOW AT MARIHAL,
TALUK AND DIST. BELGAUM.
...APPELLANTS
(BY SRI.ASHOK A NAIK, ADVOCATE)
2
AND
1. CHANDRASHEKHAR NARENDRARAO PURANDARE,
AGE: MAJOR, OCC: BUSINESS,
R/O: OPP. KALBURGI HOUSE,
SBI COLONY VIDYA NAGAR,
GOKAK, TALUK: GOKAK.
DIST: BELGAUM
2. THE MANAGER,
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
HAVING ITS OFFICE AT BILAGI, PLAZA,
COLLEGE ROAD, BELGAUM.
...RESPONDENTS
(SRI.R.R.MANE, ADV. FOR RESPONDENT NO.2) (NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGIANST THE JUDGMENT AND AWARD DATED 15.11.2010
PASSED IN MVC NO.857/2008 ON THE FILE OF THE I ADDL.
SENIOR CIVIL JUDGE AND MEMBER, MACT, BELGAUM PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE
LOK ADALAT AFTER BEING REFFERED 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.4,25,000/- (Rupees
Four lakhs 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. As there are two appellants/claimants and
appeal is of the year 2010 both the appellants/claimants
are entitled for 50% of the compensation amount as
ordered by the Tribunal. The entire amount shall be
released in favour of the claimants.
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.
Amount in deposit before this Court, if any, shall be
transmitted to Tribunal forthwith for disbursement.
Sd/-
JUDGE
Sd/-
MEMBER HMB
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