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 S G PANDIT AND SHRI GOPAL B. PATIL, MEMBER M.F.A.No.102269/2016 (MV) LOK ADALAT No.361/2025 BETWEEN: 1 . SMT. SHREEDEVI @ T DEVIKA, W/O LATE R. RAJESHBABU AGE. 24 YEARS, OCC. HOUSEWIFE, R/O AND D/O T. BABU, ANJINEYASWAMY TEMPLE, AVVAMBAVI, SIRGUPPA ROAD, BALLARI-583103. 2 . PUJITH KALAYAN, S/O LATE R. RAJESHBABU, AGED ABOUT 6 YEARS, R/BY HIS NATURAL MOTHER AND GUARDIAN SMT. SHREEDEVI @ T. DEVIKA, W/O LATE R. RAJESHBABU, AGE. 24 YEARS, OCC. HOUSEWIFE, R/O AND D/O T. BABU ANJINEYASWAMY TEMPLE, AVVAMBAVI, SIRGUPPA ROAD, BALLARI-583103. 3 . R. LAKSHMIKANTH, S/O LATE R. RAJESHBABU, AGED ABOUT 5/12 YEARS R/BY HIS NATURAL MOTHER AND GUARDIAN SMT. SHREEDEVI @ T. DEVIKA, W/O LATE R. RAJESHBABU, AGE. 24 YEARS, OCC. HOUSEWIFE, R/O AND D/O T. BABU, ANJINEYASWAMY TEMPLE, AVVAMBAVI, SIRGUPPA ROAD, BALLARI-583102. 4 . SMT. JAYAMMA, W/O B. BHASKAR RAO, AGE 50 YEARS, LAND LADY, 2 R/O D.NO.1/336, NEAR OLD BUS-STAND ALURU VILLAGE AND TALUK, KURNOOL DIST-810241. 5 . B. BHASKARA RAO, S/O SANJANNA, AGE. 56 YEARS, OCC. BUSINESS & AGRICULTURIST, R/O D.NO.1/336 NEAR OLD BUS-STAND, ALURU VILLAGE AND TALUK, KURNOOL DISTRICT-810241. ...APPELLANTS (BY SHRI Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1 . SHEKSHAVALI, S/O ABDUL SATHRSAB, AGED ABOUT 42 YEARS, DRIVER OF THE MOTORCYCLE BEARING REG NO.AP-21/AR-2093, R/O KUNTA MOHALLA, KAMALAPURA TOWN, HOSAPETE TALUK, BALLARI DISTRICT-583101. 2 . MAHAMMAD BASHA SHAIK, S/O S. MAHABOOB BASHA, AGED ABOUT 37 YEARS, OWNER OF THE MOTORCYCLE BEARING REGN NO.AP-21/AR-2093, R/O D.NO.22-76, A 91-1, ALURU VILLAGE AND TALUK, KURNOOL DISTRICT-810241. 3 . THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED, PARVATHI NAGAR, MAIN ROAD, BALLARI-583103. …RESPONDENTS (BY SHRI M.K. SOUDAGAR, ADVOCATE FOR R3) (NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 09.03.2016 PASSED IN MVC NO.813/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel for claimants and representative of respondent No.3-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimants have agreed to receive and the respondent No.3- Insurance Company has agreed to pay a global compensation of Rs.11,00,000/- (Eleven Lakh rupees 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. Respondent No.3-Insurance Company has agreed to deposit the said amount before Tribunal within eight 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. 4. The apportionment of the compensation among the claimants shall be as per the award of the Tribunal. 4 5. The entire amount falling to the share of the minor claimants/appellants No.2 and 3 shall be kept in a Fixed Deposit in any Nationalised Bank in their names till they attain the age of majority. Appellant No.1, the mother of appellants No.2 and 3, is permitted to withdraw the interest accrued thereon. 6. The entire amount falling to the share of appellants No.4 and 5 shall be released in their favour forthwith. 7. Out of the amount of Rs.4,40,000/- falling to the share of claimant No.1/appellant No.1, an amount of Rs.2,40,000/- be released in her favour forthwith, and the remaining amount of Rs.2,00,000/- be kept in a Fixed Deposit in any Nationalised Bank in her name for a period of five years. 8. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER KMS,CT:VP