Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. POONACHA
AND
SHRI SANGRAM S.KULKARNI, MEMBER
M.F.A. NO.100873/2024 (MV) LOK ADALAT NO.184/2025
BETWEEN:
SMT. SHANKERAVVA Y. ITI, AGE. 63 YEARS, OCC. AGRICULTURE COOLIE, R/O. HIREHARAKUNI, TQ. KUNDGOL, NOW AT NAVALUR, TQ. DHARWAD. ...APPELLANT
(BY SRI C.S. NAGASHETTI, ADVOCATE)
AND:
1.
J.P. TRANSPORTS COMPANY BY IS MANAGER, AGE. 53 YEARS, OCC. BUSINESS, R/O. F-706 PANCHARATNA POWER, KADAKPADA N R KDMC, B WARD OFFICE, KALYAN-PIN-421301, STATE MAHARASHTRA.
2
2.
THE DIVISIONAL MANAGER, BAJAJ ALLIANZ INSURANCE CO. LTD., KALBURGI MANSION, OPP. CORPORATION NEAR STADIUM, HUBBALLI.
…RESPONDENTS
(BY SRI MADHUKESHWAR DESHPANDE, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY AND SET ASIDE THE JUDGMENT AND AWARD DATED 03.11.2023 PASSED IN MVC NO.442/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEALLANT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION
ORDER IS PASSED:
CONCILIATION ORDER The
learned counsel for the claimant and the representative of Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.4,50,000/- (Rupees four lakh fifty thousand only), in addition to what has
3 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. Same is accepted.
3. The said amount shall be released in favour of the claimant.
4. The 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.
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
CT: UMD. RHR/-