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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD 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 S.ABDUL NAZEER AND SRI.K.L.PATIL, MEMBER

MFA No.100145/2015 (MV) [LOK ADALATH No.3166/2015]

BETWEEN:

1. LAGAMAWWA W/O SIDDAPPA DUMMANAYAK, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: , POST: GUTAGUDDI, TQ: , DIST: BELAGAVI

2. DURGAWWA D/O SIDDAPPA DUMMANAYAK AGE: 8 YEARS, OCC: STUDENT, R/O: YALLAPUR, POST: GUTAGUDDI, TQ: HUKKERI, DIST: BELAGAVI,

3. CHANDRAWWA D/O SIDDAPPA DUMMANAYAK AGE: 3 YEARS, OCC: NIL, R/O: YALLAPUR, POST: GUTAGUDDI, TQ: HUKKERI, DIST: BELAGAVI,

APPELLANT Nos.2 & 3 BEING MINORS REPTD. BY THEIR M/G NATURAL MOTHER : 2 :

APPELALNT NO.1

4. SANNAPPA S/O LAGAMAPPA DUMMANAYAK AGE: 62 YEARS, OCC: NIL, R/O: YALLAPUR, POST: GUTAGUDDI, TQ: HUKKERI, DIST: BELAGAVI,

5. BHIMAWWA W/O SANNAPPA DUMMANAYAK AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: YALLAPUR, POST: GUTAGUDDI, TQ: HUKKERI, DIST: BELAGAVI …APPELLANTS (By Smt.GEETHA K M ADV.)

AND:

1. BASAVANNI YALLAPPA NAIK, AGE: MAJOR, OCC: BUSINESS, R/O: GUTAGUDDI, TQ: HUKKERI, DIST: BELAGAVI

2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., D.O. 1568 MARUTI GALLI, BELAGAVI ... RESPONDENTS (By Sri.N.R.KUPPELLUR ADV. FOR R2; R1-SD)

THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:30.06.2014, PASSED IN MVC NO.492/2013, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, , 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 : 3 :

VIDE ORDER DATED 15.10.2015, THE FOLLOWING CONCILIATION ORDER IS PASSED:-

CONCILIATION ORDER

Learned Counsel for the claimants-appellants and the learned Counsel for the 2 nd respondent -

Insurance Company along with its representative

are present.

2. After prolonged negotiations, both the

parties have agreed to settle the dispute amicably.

The claimants-appellants have agreed to receive

and the 2 nd respondent – Insurance Company has agreed to pay global compensation in a sum of

`80,000/- (Rupees Eighty Thousand only) in addition

to the compensation already awarded by the Motor

Accidents Claims Tribunal, in full and final

settlement of their claim in this appeal. A joint

memo is filed on behalf of the parties to this

effect.

3. The 2 nd respondent – Insurance Company

has agreed to deposit the said amount within six : 4 : weeks from the date of preparation of Award, failing which, the said amount shall carry interest at 9% per annum from the date of default till the date of deposit.

4. The Tribunal is directed to release the entire enhanced amount of `80,000/- to the

appellants forthwith.

5. Accordingly, the 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 RK*