The Divisional Manager vs Smt.Gourawwa
2022 Latest Caselaw 4521 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. 101042/2016 [MV]
            (LOK ADALAT NO. 2156/2021)
BETWEEN:

THE DIVISIONAL MANAGER,
NATIONAL INSURA NCE COMPANY LTD .,
RAMDEV GALLI, BELGAUM, NOW
REPRES ENTED BY ITS DEPUTY MANAGER,
NATIONAL INSURA NCE CO. LTD.,
REGIONAL OFFICE, II FLOOR,
ARIHANT PLAZA, K USUGA L ROAD,
KESHWAPUR, HUBBALLI-23.
                                    -          APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)

AND:

1.     SMT. GOURAWWA W/O BASAPPA TALAWAR,
       AGE: 69 YEARS, OCC: NIL, R/O DEMATTI,
       NOW RESIDING AT KITTUR,
       TALUK: BAILHONGAL DIST: BELGAVI,
       SINCE R2 TO R4 ARE THE LR'S OF THE
       DECEASED PETITIONER NO.1 AS SUCH
       VIDE ORDER DATED 06.07.2018,
                           2




     R1 IS DELETED.

2.   SMT. NEELA W/O BHIMAPPA TALAWAR,
     AGE: 44 YEARS, OCC: HOUSEHOLD,
     R/O DEMATTI, NOW RESIDING AT KITTUR,
     TALUK: BAILHONGAL, DIST: BELGAVI.

3.   KUMAR VIJAY S/O BHIMAPPA TALAWAR,
     AGE: 25 YEARS, OCC: STUDENT,
     R/O DEMATTI, NOW RESIDING AT KITTUR,
     TALUK: BAILHONGAL, DIST: BELGAVI.

4.   KUMARI VIJAYSHREE D/O BHIMAPPA TALAWAR,
     AGE: 23 YEARS, OCC: STUDENT,
     R/O DEMATTI, NOW RESIDING AT KITTUR,
     TALUK: BAILHONGAL, DIST: BELGAVI.

5.   KUMAR SHASHANK S/O BHIMAPPA TALAWAR,
     AGE: 18 YEARS, OCC: STUDENT,
     R/O DEMATTI, NOW RESIDING AT KITTUR,
     TALUK: BAILHONGAL, DIST: BELGAVI.
     (SINCE MINOR REPRESENTED BY
     M/G RESPONDENT NO.2)

6. SHRI. CHANDRASHEKHAR GANGAPPA PUJAR, AGE: MAJOR, OCC: BUSINESS, R/O AVARADI, TALUK: BAILHONGAL, DIST: BELGAVI. (OWNER OF HERO HONDA MOTORCYCLE BEARING REGISTRATION NO. KA-24/L-3757)

- RESPONDENTS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR R2-R5; R2-R4 ARE LR'S OF DECEASED R1; R6 NOTICE SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 26.12.2014 PASSED IN M.V.C. NO. 2729/2012 BY THE LEARNED SENIOR CIVIL JUDGE AND MEMBER, AMACT, BAILHONGAL & 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 appellant-Insurance

Company and the counsel for respondents-claimants

are present.

2. After prolonged negotiations, the matter is

settled. The Appellant-Insurance Company has agreed

to pay and the Respondents-claimants have agreed to

receive a global compensation of `32,56,500/-

(Rupees thirty two lakhs fifty six thousand five

hundred only), with interest at 6% per annum from

the petiion, as against `35,56,500/- 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 order of apportionment and deposit ordered

by the Tribunal shall hold good for the compensation

awarded in this appeal. Further, the share of

compensation awarded to respondent No.1-claimant

no.1, who is deceased, shall be equally apportioned

among her legal representatives.

4. The Appellant-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. Amount in deposit before this Court shall be

transmitted to the Tribunal, forthwith.

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