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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 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: YALLAPUR, POST: GUTAGUDDI, TQ: HUKKERI, 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, BELGAUM, 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*