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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.102827/2015 (MV) (LOK ADALAT No.74/2019)

BETWEEN

1. SMT. DEEPA W/O NINGAPPA BARAGALI AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: , TQ: , DIST: BELAGAVI.

2. KUMAR SAGAR S/O NINGAPPA BARAGALI AGE: 8 YEARS, OCC: STUDENT, R/O: URABINAHATTI, TQ: GOKAK, DIST: BELAGAVI SINCE MINOR M/G BY HIS MOTHER APPELLANT NO.1

SMT. DEEPA W/O NINGAPPA BARAGALI AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: URABINAHATTI, TQ: GOKAK, DIST: BELAGAVI.

3. BALAPA S/O NINGAPPA BARAGALI AGE: 62 YEARS, OCC: NIL, R/O: URABINAHATTI, TQ: GOKAK, DIST: BELAGAVI.

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4. SMT. SUMAVVA @ SUMITRA W/O BALAPPA BARAGALI AGE: 57 YEARS, OCC: HOUSE HOLD WORK, R/O: URABINAHATTI, TQ: GOKAK, DIST: BELAGAVI. ... APPELLANTS

(BY SRI. HANAMANT R LATUR, ADV.)

AND

1. ANAND S/O NINGAPPA HALAKI AGE: 30 YEARS, OCC: DRIVER, R/O: , TQ: BAILHONGAL, DIST: BELAGAVI.

2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO.LTD., CLUB ROAD, BELAGAVI. ... RESPONDENTS

(BY SRI. RAVINDRA R MANE, ADV. FOR R.2) R.1 SERVED)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED: 19.08.2014, PASSED IN MVC NO.2393/2013 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE AND PRESIDING OFFICER, MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

The learned counsel for the appellants and the representative of Respondent No.2-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 No.2-Insurance Company has agreed to pay a compensation of Rs.3,35,000/- (Rupees

Three Lakh Thirty Five 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.

3. The Respondent No.2-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.

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4. The apportionment, deposit and disbursement shall be made as per the Tribunal.

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

msr