Savita W/O Rajendra Yallure vs Jagadishappa S/O Hanamantappa Goudar
2023 Latest Caselaw 9917 Kant

Karnataka High Court

Savita W/O Rajendra Yallure vs Jagadishappa S/O Hanamantappa Goudar on 9 December, 2023

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        HIGH COURT LEG AL SERVICES COMMITTEE
                  DHARWAD BENCH

                 BEFORE THE LOK ADALAT

           IN THE HIGH COURT OF K ARNAT AKA
                   DHARWAD BENCH

       DATED THIS THE 9 T H DAY OF DEC EMBER, 2023

                 CONCILIATORS PRESENT

 THE HON'BLE MR.JUSTICE RAMACHANDRA D.HUDDAR

                             AND

                  SHRI D.J.N AIK , MEMBER

              M.F.A . N O.102975 OF 2019 (MV)

               LOK ADALAT NO. 1718/ 2023

BETWEEN:


SAVITA W/O. RAJENDRA YALLURE
AGE: 37 YEARS,
OCC: SERVICE AND TAILORING (NOW NIL),
R/O: BHARAMA NAGAR,
BEHIND MARUTI MANDIR, PEERANWADI,
TQ AND DIST: BELAGAVI-590014.
                                                ...APPELLANT

(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:

1.
     JAGADISHAPPA
     S/O. HANAMANTAPPA GOUDAR
     AGE: MAJOR, OCC: BUSINESS,
     R/O: B-603, EKTA AVENUE CHS LTD.,
     PLOT NO.C-94, SECTOR NO.12,
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      KHARGAR OANVEL, NAVI MUMBAI-410210,
      MAHARASHTRA STATE.

2.
      THE DIVISIONAL MANAGER,
      NATIONAL INSURANCE CO. LTD.,
      DIVISIONAL OFFICE AT
      RAMDEV GALLI, BELAGAVI-590001.
                                                        ....RESPONDENT

(BY SRI . RAJ ESH B. RAJANAL, ADVOCATE F OR R2;

THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER SECTION 173( 1) OF MOTOR VEHI CLES ACT , 1988 PRAYING THAT, THE JUDGMENT AND AWARD DATED: 11/ 01/2019 PASSED IN MVC NO. 1122/ 2017 BY PRINCIPA L SENIOR CIVIL JUDGE AND CJM AND ADDITIONAL MACT, BELA GA VI, IN AWARDING THE COM PENSATION OF RS.79,975/ - AND INTEREST AT RATE OF 6% FROM THE DATE OF PETITION MAY BE KINDLY MODIFIED BY ENHANCING TO RS.10,00,000/- W ITH 18% INTERES T, IN THE INTEREST OF JUSTICE OF EQUITY ETC.,.

THIS MFA COMING ON FOR CONCI LIA TION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CON CILIATION ORD ER I S PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent-Insurance Company with its

counsel are present.

2. After prolong negotiation, the matter is settled. The

Appellant-claimant has agreed to receive global compensation of

Rs.40,000/- (Rupees Forty Thousand only), in addition to what

has been awarded by the Tribunal, in full and final settlement of

the claim. Respondent-Insurance Company has agreed to

deposit the said compensation.

3. A joint memo is filed on behalf of the parties to this effect.

Same is in accordance with law and hence accepted.

4. The Respondent-Insurance Company is directed to deposit

the said amount before the Tribunal within six weeks from the

date of preparation of Award, lest the said amount shall carry an

interest at the rate of 9% p.a. from the date of default, till the

date of deposit.

5. After such deposit, said amount shall be released in favour

of the claimant digitally after collecting necessary documents of

identification.

6. The Miscellaneous First Appeal stands disposed of in terms

of the Joint Memo. Consequentially the award of the Tribunal is

modified accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

YAN Ct-cmu