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HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALAT

IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 12 TH DAY OF DECEMBER, 2015

CONCILIATORS PRESENT

THE HON’BLE MR.JUSTICE R.B.

AND

SRI. RAVI S. BALIKAI, MEMBER

M.F.A. No. 21291/2013 (MV)

C/W

M.F.A.Crob.No.825/2013(MV)

Lok Adalat No.2607/2015

IN M.F.A. No.21291/2013 (MV)

BETWEEN:

THE MANAGER NATIONAL INSURANCE CO. LTD. FIRST FLOOR, HCC SALESS BUILDING P B ROAD, HUBLI-DHARWAD THROUGH ITS DIVISIONAL MANAGER THE NATIONAL INSURANCE COMPANY LIMITED RAMDEV GALLI, REPRESENTED BY ITS DEPUTY MANAGER 2

REGIONAL OFFICE, ARIHANT PLAZA KESHWAPUR, KUGAL ROAD HUBLI-23. - APPELLANT

(BY SRI S K KAYAKAMATH, ADVOCATE)

AND

1. SMT BALAWWA W/O ROSAYYA HARIJAN AGED 55 YEARS OCC: HOUSE HOLD WORK R/O KUTTALWADI TQ & DIST: BELGAUM

2. SMT YALLAWWA W/O BABU TALAWAR AGED 40 YEARS OCC: HOUSE HOLD WORK R/O KUTTALWADI TQ & DIST: BELGAUM.

3. SRI LAHU S/O NEMANI RAMANICHE OCC: BUSINESS R/O VATTOLI POST RAMGURWADI TQ: DIST: BELGAUM. - RESPONDENTS

(BY SRI K H BHAGI, ADVOCATE FOR R-1 & R-2)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DATED: 02.11.2012 PASSED IN MVC.NO.221/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK 3

COURT-I AND MEMBER, ADDL. MACT, BELGAUM, AWARDING THE COMPENSATION OF RS.3,27,000/- WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF PETITION TILL ITS REALISATION.

IN M.F.A.Crob.No.825 /2013(MV)

BETWEEN

1. SMT BALAWWA W/O ROSAYYA HARIJAN AGED 55 YEARS OCC: HOUSE HOLD WORK R/O KUTTALWADI TQ & DIST: BELGAUM

2. SMT YALLAWWA W/O BABU TALAWAR AGED 40 YEARS OCC: HOUSE HOLD WORK R/O KUTTALWADI TQ & DIST: BELGAUM. …CROSS OBJECTORS

(BY SRI K H BHAGI, ADVOCATE)

AND

1. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., HAVING ITS DIVISIONAL OFFICE AT RAMADEV GALLI BELGAUM.

2. LAHU S/O NEMANI RAMANICHE OCC: BUSINESS 4

R/O: RAMGURWADI TQ & DIST: BELGAUM. …RESPONDENTS

(BY SRI S K KAYAKAMATH, ADV. FOR R-1)

THIS MFA.CROB. IN MFA.NO.21291/2013 IS FILED U/O 41 RULE 22 OF CPC., R/W SEC. 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DATED: 02.11.2012 PASSED IN MVC.NO.221/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL AND MFA CROB. COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 07.07.2015 THE FOLLOWING ORDER IS PASSED:

CONCIALIATION ORDER

The learned counsel appearing for the claimants and learned counsel appearing for the National

Insurance Co. Ltd., along with their representatives are present.

2. After prolonged negotiations, the matter is settled.

The claimants have agreed to receive and the National 5

Insurance Co. Ltd., has agreed to pay a global compensation of Rs.3,47,000/- [Rupees Three Lakhs

Forty Seven Thousand only] with interest at the rate of

9% p.a., as against the award amount of Rs.3,27,000/- 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.

3. MFA No.21291/2013 and MFA Crob.No.825/2013 are stand disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.

4. The entire amount is ordered to be released to the claimants immediately after the deposit is made.

5. The National Insurance Co. Ltd., 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 9% p.a. 6

from the date of default, till the date of deposit. The parties are not entitled to any cost.

Draw up the award accordingly.

SD/- JUDGE

SD/- MEMBER

BSR