HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE UMESH M ADIGA AND SHRI MAQBOOLAHAMED M. PATIL, MEMBER M.F.A.No.100288/2020 [MV] (Lok Adalat No.168/2025) BETWEEN: SMT. JANABAI W/O. YALLAPPA TODAKAR, AGE 61 YEARS, OCC: AGRICULTURE COOLIE, NOW NIL, R/O. NEAR AMBABHAVANI TEMPLE, NAVALGUND, NOW C/O. VITTAL J. TODAKAR, I. B. QUARTERS, HUBBALLI. ...APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND 1. RUDRAGOUDA S/O. IRANAGOUDA MUDIGOUDAR, AGE MAJOR OCC: OWNER OF THE OFFENDING VEHICLE, R/O. AMARGOL, TQ: NAVALGUND-582208. 2. SHRIRAM GENERAL INSURANCE CO. LTD., E/8, RPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR-302022, RAJASTHAN. 2 3. SMT. BHEEMAVVA W/O. DYAMAPPA @ DYAMANNA SHIDNEKOPPA, AGE 29 YEARS, OCC: HOUSEHOLD WORK, R/O. SHANWAD, TALWAR ONI, TQ: NAVALGUND, NOW RESIDING AT: C/O. S. Y. GOVINDAN, RETIRED J.E. BANASHANKRI EXTEN, VIDYANAGAR, HUBBALLI-580021. 4. SRI. FAKIRAPPA S/O. SIDDAPPA SHIDNEKOPPA, AGE 68 YEARS, OCC: NIL, R/O. SHANWAD, TALWAR ONI, TQ: NAVALGUND, NOW RESIDING AT C/O. S. Y. GOVINDAN, RETIRED J.E, BANASHANKRI EXTEN, VIDYANAGAR, HUBBALLI-580021. 5. SMT. KASTURI W/O. FAKIRAPA SHIDENKOPPA, AGE 58 YEARS, OCC: HOUSE HOLD WORK, R/O. SHANWAD, TALWAR ONI, TQ: NAVALGUND, NOW RESIDING AT C/O. S. Y. GOVINDAN, RETIRED J.E, BANASHANKRI EXTEN, VIDYANAGAR, HUBBALLI-580021. 6. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, SRINATH COMPLEX, NCB, HUBBALLI-580020. …RESPONDENTS (BY SRI. S. K. KAYAKMATH, ADV. FOR R1; SRI. N. C. KOLLOORI, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 26.11.2015 PASSED IN MVC NO.1015/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER Keeping open the question of delay to be considered by the Court, the joint memo is taken on record. 2. The learned counsel for the appellant-claimant and the representative of Respondent-Insurance Company along with its counsel are present. 3. After prolonged negotiations, the matter is settled. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a global compensation of Rs.5,00,000/- (Rupees five lakh 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. Same is accepted. 4. Out of the compensation amount, a sum of Rs.3,00,000/- is ordered to be released in favour of the claimant on proper identification and remaining amount 4 shall be kept in an interest accruing Fixed Deposit for a period of three years in any nationalized bank. The claimant is also permitted to withdraw periodical interest. 4. The respondent-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 VNP / CT-AN