Karnataka High Court
Smt. Nagavva W/O Kariyappa Kuri vs Nijaplingappa S/O Nagappa Nashipudi on 9 December, 2023
HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9 T H DAY OF DECEMBER, 2023
CONCILIATORS PRESENT:
HON'BLE MR.JUSTICE VIJAYKUMAR A. PATIL
AND
SRI.PRASHANT MATHAPATI, MEMBER
M.F.A.No.100351/2023 [MV]
(Lok Adalat No.1831/2023)
BETWEEN:
1. SMT. NAGAVVA W/O KARIYAPPA KURI
AGE. 40 YEARS, OCC. HOUSE WIFE,
DECEASED WIFE
2. KARTIK S/O KARIYAPPA KURI
AGE. 20 YEARS, OCC. STUDENT,
(DECEASED SON)
3. MADHU D/O KARIYAPPA KURI
AGE. 16 YEARS, OCC. STUDENT,
DECEASED DAUGHTER
(SINCE APPELLANT NO.3 IS MINOR
R/BY THEIR NATURAL GUARDIAN MOTHER
SMT. NAGAVVA W/O KARIYAPPA KURI I.E.
APPELLANT NO.1 R/O. DANDAPUR ONI,
NARGUND, TQ. NARGUND,
DIST. GADAG, NOW AT MALAPUR,
DHARWAD 580001.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
2
AND:
1. NIJALINGAPPA S/O NAGAPPA NASHIPUDI
AGE. 52 YEARS, OCC. BUSINESS,
R/O. KODIKOPPA, TQ. RON,
DIST. GADAG 582111,
OWNER OF THE CHEVROLET ENJOY DIESEL LS CAR
BEARING ITS REGN NO.KA-26/M-5816
2. THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO.LTD.,
R/O. SHREE AVENUE COMPLEX,
1ST FLOOR, DHO OFFICE,
OLD DY.SP CIRCLE, HALLIKERI CHAWL,
HALIYAL ROAD, DHARWAD 580008,
POLICY NO. 471101/31/2020/8209
VALID FROM 23-08-2019 TO 22-08-2020
.....RESPONDENTS
(BY SRI.S.S.KOLIWAD, ADVOCATE FOR R2; NOTICE TO R1
DISPENSED WITH )
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 30.08.2021 PASSED IN MVC NO.306/2020 ON THE FILE
OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL, DHARWAD, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THE 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 appellants and the
representative of Respondent-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-Insurance Company has
agreed to pay a global compensation of Rs.2,40,000/-
(Rupees Two lakh forty 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. The entire amount shall be released in favour of
the appellants/claimants on proper identification as
per the apportionment of the tribunal.
4. The Respondent-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
SVH
