Smt.Kalavva W/O Halappa Badiger vs Anand Mani S/O V.S. G. Mani
2022 Latest Caselaw 4483 Kant

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       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.101058 OF 2019(MFA)
               LOK ADALAT NO.422/2022
BETWEEN

1. SMT.KALAVVA
W/O HALAPPA BADIGER
AGE: 32 YEARS, OCC: HOUSEWIFE,
R/O: SAVANUR, TQ: SAVANUR,
(WIFE OF THE DECEASED)

2. SHWETA
D/O HALAPPA BADIGER
AGE: 17 YEARS, OCC: STUDENT,
R/O: SAVANUR,TQ: SAVANUR,
(DAUGHTER OF THE DECEASED)
APPELLANT NO.2 BEING MINOR
REPTD BY APPELLANT NO.1 MOTHER)

                                          ...APPELLANTS

(BY SRI.CHANDRASHEKHAR M HOSAMANI, ADVOCATE)
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AND

1. ANAND MANI
S/O V.S. G. MANI
AGE: MAJOR, OCC: BUSINESS,
R/O: NO.26, BTM LAYOUT,
2ND STAGE, 100 FEET RING ROAD,
BENGLAURU-560078,
(OWNER OF THE CAR BEARING
REG.NO.KA-51/P-9523)

2. THE AUTHORISED SIGNATORY
THE BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD,.
4TH FLOOR, V.A. KALABURGI MANSION,
LAMINGTON ROAD, HUBBALLI-580020.

                                          ...RESPONDENTS

(BY SRI.R.R.MANE, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR

VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD

DATED 06.11.2012 PASSED IN MVC NO.125/2012 ON THE FILE

OF THE ADDITIONAL SENIOR CIVIL JUDGE, HAVERI, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSTION AND

SEEKING ENHANCEMENT OF COMPENSATION.

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.4,00,000/- (Rupees

Four Lakhs 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 enhanced compensation both the

appellants are entitled for 50% each. Entire share of

appellant No.1 shall be released. Insofar as minor-appellant

No.2 is concerned, his share shall be kept in fixed deposit

in any Nationalized Bank till he attain the age of majority.

4. The Respondent No.2-Insurance Company has

agreed to deposit the said amount before the Tribunal

within eight 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.

6. Amount in deposit if any, before this Court shall

be transmitted to Tribunal.

Sd/-

JUDGE

Sd/-

MEMBER

HMB