HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE E.S.INDIRESH AND SHRI.SAJID GOODWALA, MEMBER MISCELLANEOUS FIRST APPEAL NO.100684 OF 2024 (MV D) LOK ADALAT NO. 204/2025 BETWEEN 1. SMT. MAHADEVI W/O. BHIMAPPA ATHANI, AGE: 51 YEARS, OCC: HOUSEHOLD, R/O. BALLIGERI, TQ: ATHANI, DIST: BELAGAVI-591212. 2. SHRI BHIMAPPA S/O. LAXMAN ATHANI, AGE: 61 YEARS, OCC: NIL, R/O. BALLIGERI, TQ: ATHANI, DIST: BELAGAVI-591212. ...APPELLANTS (BY SMT. GEETHA K.M., ADVOCATE) AND 1. THE MANAGER, ACCURA FUELOGIS (GSTIN 07AAYFA4547JIZV) D-135, ANAND NIKETAN, NEW DELHI, 349/C, NEAR KIADB WATER TANK, BOMMASANDRA, IND. ESTATE BENGALURU-560099 2 (OWNER OF TANKER BEARING REGN.NO.KA-59/1218) 2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE MADIWALE ARCADE CLUB ROAD, BELAGAVI-590001. (INSURER OF TANKER BEARING REGN.NO.KA-59/1218 UNDER POLICY BEARING NO.271500/31/2019/5123 VALID FROM 03-01-2019 TO 02-01-2020) …RESPONDENTS (BY SRI. S.S. JOSHI, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 21.12.2022 PASSED IN THE COURT OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN MVC NO.1552/2020 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY 100% COMPENSATION TO THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent-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-Insurance Company has agreed to pay a sum of Rs.80,000/- (Rupees Eighty 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. Same is accepted. 3. The said amount shall be released in favour of the claimants in equal proportion on proper identification. 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 4 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 SH Ct:MCK