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HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BEFORE THE LOK ADALATH

IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 09 TH DAY OF MARCH, 2019

CONCILIATORS PRESENT:

HON’BLE MR.JUSTICE H.P. SANDESH AND SHRI M.C. , MEMBER MFA No.100277/2018 (MV) (LOK ADALAT No.201/2019) C/W MFA No.100253/2018 (MV) (LOK ADALAT No.384/2019)

IN MFA No.100277/2018:

BETWEEN

1. SHRI. JAYASINGH S/O ANAND DESAI AGE: 42 YEARS, OCC: AGRICULTURE & COOLIE, R/O: BHAT SHIRAGAON, TQ: SHIRAL, DIST: SANGALI, (MAHARASHTRA)-415408.

2. SMT.VIMALA W/O JAYASINGH DESAI AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: BHAT SHIRAGAON, TQ: SHIRAL, DIST: SANGALI, (MAHARASHTRA)-415408.

3. SMT.SWATHI D/O JAYASINGH DESAI AGE: 22 YEARS,

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OCC: HOUSEHOLD, AFTER MARRIAGE SMT.SWATHI A KADAM, R/O: BHAT SHIRAGAON, TQ: SHIRAL, DIST: SANGALI, (MAHARASHTRA)-415408.

4. SHITHAL S/O JAYASINGH DESAI AGE: 17 YEARS, OCC: STUDENT, R/O: BHAT SHIRAGAON, TQ: SHIRAL, DIST: SANGALI, (MAHARASHTRA)-415408. SINCE MINOR R/BY M/G NATURAL FATHER JAYASINGH S/O ANAND DESAI, (PETR NO.1). ... APPELLANTS (BY SRI. SANTOSH S HATTIKATAGI, ADV.)

AND

1. SHRI. CHIKKAYYA S/O RAMAPPA PARIT AGE: MAJOR, OCC: BUSINESS, R/O: , TQ: , DIST: BELAGAVI-593107.

2. THE NEW ASSURANCE CO. LTD., THORUGH ITS SENIOR DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI-593107. ... RESPONDENTS

(BY SMT. PREETI SHASHANK, ADV. FOR R2 & R.1 DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 08.11.2017 PASSED IN MVC NO.2133/2016 ON THE FILE OF THE XII- ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, SITTING AT , PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA No.100253/2018:

BETWEEN

THE NEW INDIA ASSURANCE CO.LTD THROUGH ITS SENIOR DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI, REPRESENTED BY ITS, DULY CONSTITUTED ATTORNEY. ... APPELLANT (BY SMT. PREETI SHASHANK, ADV.)

AND

1. SHRI. JAYASINGH S/O. ANAND DESAI AGED ABOUT 42 YEARS, OCC:AGRICULTURE AND COLLIE.

2. SMT VIMALA W/O. JAYASINGH DESAI AGED ABOUT 38 YEARS, OCC:HOUSEHOLD,

3. SMT SWATHI D/O. JAYASINGH DESAI AGED ABOUT 22 YEARS, OCC:HOUSEHOLD,

4. SHITHAL S/O. JAYASINGH DESAI AGED ABOUT 17 YEARS, OCC:STUDENT, SINCE MINOR REPRESENTED BY M/G NATURAL FATHER JAYASINGH S/O. ANAND DESAI RESP.NO.1. ALL ARE R/O BHAT SHIRAGAON, TQ:SHIRAL, DIST:SANGALI, MAHARASHTRA STATE.

5. CHIKKAYYA S/O. RAMAPPA PARIT AGE:MAJOR, OCC:BUSINESS, R/O. KANKANAWADI, TQ:RAIBAG, DIST:BELAGAVI, (OWNER OF THE MAXI CAB BEARING NO. KA-23/A-2501). ... RESPONDENTS (BY SRI. SANTOSH S HATTIKATAGI, ADV. FOR R.1, R.2 AND R.4, R.3 SERVED, R.5 DISPENSED)

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MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 08.11.2017 PASSED IN MVC NO.2133/2016 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI SITTING AT GOKAK, AWARDING COMPENSATION OF Rs.8,43,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

MFA No.100253/2018 is filed by the insurance company and MFA No.100277/2018 is filed by the claimants seeking enhancement of compensation.

2. The learned counsel for the claimants/appellants and the representative of

Respondent-Insurance Company along with its counsel are present.

3. After prolonged negotiations, the matter is settled. The claimants have agreed to receive and the

Respondent-Insurance Company has agreed to pay a compensation of Rs.3,50,000/- (Rupees Three Lakhs

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Fifty 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.

4. Apportionment and disbursement of the enhanced compensation shall be made as per the order of the Tribunal.

5. 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.

6. The Miscellaneous First Appeal

No.100277/2018 stands disposed of in terms of the

Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.

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7. In view of the disposal of the claimants’ appeal, the appeal filed by the Insurer is also disposed of.

8. The amount in deposit, if any, before this

Court be transmitted to the concerned Tribunal forthwith.

Sd/- JUDGE

Sd/- MEMBER sh