1

HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BEFORE THE LOK ADALAT

IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 16 T H DAY OF JUNE, 2014

CONCILIATORS PRESENT:

THE HON’BLE MR.JUSTICE A.N. VENUGOPALA GOWDA AND SHRI S.P. HUDEDAGADDI, MEMBER MFA NO.2524/2008 (MV) [LOK ADALATH NO.997/2014]

BETWEEN

SMT.BHAGI TIMMAPPA NAIK, AGE: 61 YEARS, OCC:HOUSEHOLD, R/O: SHALEWADA, SADASHIVGAD, , DIST: ... APPELLANT

(BY SRI.D. S. NAIK, ADVOCATE.)

AND :

1. SHIVANAND SHANKAR NAYAK, REGISTERED. OWNER OF MOTOR CYCLE, BEARING NO.KA-24/H-5285, ARYA MEDICAL CENTRE, COLLEGE ROAD, .

2. THE DIVISIONAL MANAGER THE NEW ASSURANCE CO LTD 2

DIVISIONAL OFFICE, OPP: KITTEL COLLEGE, DHARWAD. ... RESPONDENTS

(BY SRI.S.S KOLIWAD, ADVOCATE FOR R2, R1 NOTICE SERVED BUT UNREPRESENTED)

THIS MFA IS FILED U/SEC.173 (1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD 28-08-2007 PASSED IN MVC NO.31/2007 ON THE FILE OF THE MEMBER, 2ND ADDL. MACT, KARWAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING ORDER IS PASSED.

CONCILIATION ORDER

Both sides are present.

The second respondent submits that, it is agreeable to pay Rs. 50,000/- 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.

After negotiation, the parties have arrived at a settlement. A joint memo is filed in this regard. 3

Both the parties have signed the consent memo.

Thus, the matter having been settled, the second respondent 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.

Upon deposit, the entire amount shall be released in favour of the appellant/claimant.

Sd/- JUDGE

Sd/- MEMBER VMB*