Karnataka High Court
Bandya Arjun Naik vs Sushila Gangaram Naik on 11 March, 2017
1
HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF MARCH, 2017
CONCILIATORS PRESENT:
THE HONOURABLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
AND
SHRI SHIVAKUMAR S. BADAWADAGI, MEMBER
M.F.A.No.23302/2013 [MV]
(Lok Adalat No.3045/2014)
BETWEEN
1. SHRI BANDYA ARJUN NAIK
AGE 34 YEARS
OCC: WELDING (NOW NIL)
R/O. JAGALPETHY
TQ: JOIDA, DIST:KARWAR
NOW AT VADGAON, BELGAUM
... APPELLANT
(By SMT. GEETHA K M @ PAWAR , ADVOCATE)
AND
2
1. MRS. SUSHILA GANGARAM NAIK
SINCE DECEASED BY HIS LRS
1A. BABAL GANGARAM NAIK
AGE:52 YEARS, OCC:BUSINESS,
R/O. 325, VELGAM USAGAON ,
BHAMAL GAO.
1B. SUNANDA GANGARAM NAIK,
AGE:42 YEARS, OCC:HOUSEHOLD WORK
R/O. 325, VELGAM USAGAON BHAMAL, GAO.
1C. NILESH GANGARAM NAIK
AGE:40 YEARS, OCC:BUSINESS
R/O. 325, VELGAM USAGAON BHAMAL, GAO.
1D. RAJESH GANGARAM NAIK,
AGE: 36 YEARS, OCC:PVT. SERVICE
R/O. 325, VELGAM USAGAON BHAMAL, GAO.
1E. SUMITRA GANGARAM NAIK
AGE:42 YEARS, OCC:HOUSEHOLD WORK
R/O. 325, VELGAM USAGAON BHAMAL, GAO.
(OWNER OF BUS BEARING NO.GA-04/T-2750)
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LIMITED.
D.O. AT RAMDEV GALLI BELGAUM
(INSURANCE OF BUS BEARING NO.
GA-04/T-2750 POLICY NO.270803/31/101630000859
VALID UPTO 15.01.2012)
... RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH, V.C.O. DTD. 01.07.2014) (SRI. G.N. RAICHUR, ADV. FOR R-2) 3 THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:09-07-2012 PASSED IN MVC NO.2915/2011 ON THE FILE OF PRESIDING OFFICER , FAST TRACK COURT-III AND MEMBER ADDL. MACT., BELGAUM PARTLY ALLOWING THE CLAIM PETIITON FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT ON 01/07/2014, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The matter was taken up in Lok Adalath.
2. Both side present.
3. Conciliation was held.
4. Learned counsels appearing for the claimant and the respondent-Insurance Company have filed a Joint Memo, settling the matter for `4,10,000/- ( Rupees Four lakh Ten thousand only) as enhancement in addition to what has been awarded by the MACT below.
5. Perused the said Joint Memo, the same is acceptable.
6. The respondent No.2 has agreed to deposit the said amount before the Tribunal, within Six weeks from the date of preparation of 4 the award, failing which, the said amount shall carry interest at the rate of 9% per annum from the date of default, till the date of deposit.
7. Parties are not entitled to any costs.
8. The terms of the joint memo is agreed to be full and final settlement between the parties with their free will and consent.
9. The enhanced amount is `4,10,000-00. Out of the enhanced amount 50% of the amount is to be kept in fixed deposit in the name of the claimant/appellant for a period of five years in any nationalized bank as per the terms of original award and remaining 50% of the amount is to be released in favour of the claimant/appellant in accordance with law.
The appeal is settled and stands disposed off on the above terms.
Draw the award, accordingly.
Sd/-
JUDGE Sd/-
MEMBER *Hmb/-