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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 13 TH DAY OF JUNE, 2015
CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI.SHIVAKUMAR S.BADAWADAGI, MEMBER
MFA No.23317/2009 (MV) [LOK ADALATH No.1428/2015] BETWEEN: GANGAVVA W/O SHIVAPPA KAMAR OCC:AGRICULTURE R/O DEVIKOPPA NOW R/O ADARGUNCHI- TQ: HUBLI, DHARWAD ... APPELLANT (By Sri. MAHESH WODEYAR ADV.) AND:
1. J.SRINIVASALU S/O J CHINNAPPA OCC:BUSINESS AND VEHICLE OWNER R/O 2ND CROSS, 3RD MAIN ROAD KURUBARAPETH, KOLAR
2. DIVISIONAL MANAGER NATIONAL INSURANCE CO.LTD : 2 :
SUJATA COMPLEX P.B.ROAD, HUBLI DHARWAD ... RESPONDENTS (By Sri. P H PAWAR ADV. FOR R2; R1 Notice dispensed with)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20/6/2009 PASSED IN MVC NO.42/2006 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SD) & ADDL. MACT, HUBLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, AFTER BEING REFERRED VIDE ORDER DATED 18.11.2014, THE FOLLOWING ORDER IS PASSED:- CONCILIATION ORDER
Both sides are present.
2. The 2nd respondent-Insurance Company submits that, it is agreeable to pay `5,000/- (Rupees
Five Thousand only) in lumpsum, i.e., over and above the amount awarded by the MACT, being the full and final settlement of the claim of the appellant.
3. After negotiation, the parties have arrived at a settlement. A joint memo is filed in this regard. : 3 :
4. Both the parties have signed the consent memo. Thus, the matter having been settled, the 2 nd respondent-Insurance Company shall deposit the agreed amount before the MACT, within a period of six weeks from the date of receipt of copy of this order. In case of default, the said amount shall carry interest at the rate of 9% p.a. i.e., after the expiry of six weeks period.
5. Upon deposit of the agreed amount, same is ordered to be released in favour of the claimant.
SD/- JUDGE
SD/- MEMBER RK*