Karnataka High Court
Sujatha vs Roshan Mahade on 11 March, 2017
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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.102012/2015 [MV]
(Lok Adalat No.621/2016)
BETWEEN:
SMT. SUJATHA W/O. SURYANARAYANA,
AGE 31 YEARS, OCC: HOUSEHOLD,
R/O. JAYANAGAR, GANGAVATHI,
DIST. KOPPAL, STATE KARNATAKA.
... APPELLANT
(BY SRI S.M.KALWAD, ADV.)
AND
1 ROSHAN MAHADE S/O. SHALIKRAM MAHADE,
AGE 25 YEARS, OCC: DRIVER OF LORRY,
R/O. NAGAPUR, STATE MAHARASTRA.
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2 SURENDRAPALSINGH CHITWAL
S/O. NARENDRAPALSING CHITWAL,
AGE 38 YEARS, OCC: OWNER OF THE LORRY,
R/O. BUDDANAGAR, NEAR GURUDWARA,
KAAMTE ROAD, NAGAPUR,
STATE MAHARASTRA.
3 THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO, LTD.,
DIVISIONAL OFFICER, GULBARGA,
DIST. GULBARGA, STATE KARNATAKA
4 SRIDHARA C. S/O. KRISHNAMURTHY,
AGE 45 YEARS, OCC: AGRICULTURE,
R/O. BENGALURU, NOW AT JAYANAGAR,
GANGAVATHI, DIST. KOPPAL, KARNATAKA.
5 THE DIVISIONAL MANAGER,
FUTURE GENERAL INDIA INSURANCE CO, LTD.,
2ND FLOOR, KALBURGI LAND MARK,
OPP. T.B.GIRLS HIGH SCHOOL,
DESHPANDE NAGAR, HUBBALLI,
DIST. DHARWAD, KARNATAKA.
... RESPONDENTS
(NOTICE TO R1, R2 & R4 ARE DISPENSED WITH V.C.O. DTD. 07-09-2016) (SHRI. S.V.YAJI, ADV. FOR R-3) (SHRI. RAVINDRA R. MANE, ADV. FOR R5) This appeal is filed under Section 173(1) of M.V.Act, against the Judgement and award dated 29.10.2014 passed in MVC No.146/2012 on the file of the Senior Civil Judge and MACT, Gangavati, partly allowing the claim petition for compensation and seeking enhancement of compensation. 3
The appeal being referred to Lok Adalat on 07.09.2016, 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 Companies have filed a Joint Memo, settling the matter for ` 2,80,000/- ( Rupees Two Lakhs Eighty 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 Nos.3 & 5 have agreed to deposit the said amount before the Tribunal, within Six weeks from the date of preparation of 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.
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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 apportionment, release and fixed deposit, if any, would be in accordance with terms of the original award.
10. In terms of the memo, the liability of the Insurance Companies will be shared by both the Insurance Companies equally.
The appeal is settled and stands disposed off on the above terms.
Draw the award, accordingly.
Sd/-
JUDGE Sd/-
MEMBER Svh/-