Karnataka High Court
Smt.Anusuya W/O Krishna Lohar, vs Shri.Ambati Venkat Raghurami Reddy, on 10 February, 2018
HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2018
CONCILIATORS PRESENT:
HON'BLE MRS.JUSTICE S.SUJATHA
AND
SMT.ANURADHA DESHPANDE, MEMBER
M.F.A.No.100480/2017 [MV]
(Lok Adalat No.196/2018)
BETWEEN:
1. SMT.ANUSUYA W/O KRISHNA LOHAR,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
R/O: MAHADEV GALLI, HINDALAGA,
TQ & DIST: BELAGAVI.
2. KUMAR SAMBHAV S/O UMESH LOHAR,
AGE: 3 YEARS, OCC: NIL,
(BEING MINOR REPRESENTED BY
HIS GRANDMOTHER HER
SMT.ANUSUYA KRISHNA LOHAR,
i.e. APPELLANT NO.1)
...APPELLANTS
(BY SRI B M PATIL, ADVOCATE)
AND
1. SHRI AMBATI VENKAT RAGHURAMI REDDY,
S/O A BALA GURIVI REDDY,
R/O: 15-1832, C.B. ROAD,
TADIPATRI, TADIPATRI-515411,
ANANTAPUR, ANDRA PRADESH
2
(OWNER OF ASHOK LEYLAND TRUCK
BEARING REG. NO.AP-02/TA-9699)
2. THE DIVISION OFFICER
SHRIRAM GENERAL INSURANCE COMPANY LTD.,
E-8, EPIP, RIICO, INDUSTRIAL AREA
SITAPUR, JAIPUR, RAJASTHAN-302022,
(INSURER OF ASHOK LEYLAND
TRUCK BEARING REG. NO. AP-02/TA-9699)
(POLICY NO.JPR-4329650)
VALID FROM 04/07/2014 TO 03/07/2015)
... RESPONDENTS
(BY SRI NAGARAJ C KOLLOORI, ADV.FOR R2; NOTICE TO R-1 DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.09.2016 PASSED IN MVC NO.217/2015 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, 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:
CONCILIATION ORDER The learned counsel for the claimants-appellants and the learned counsel for the Insurance Company along with its representative are present. 3
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 lump sum of Rs.3,00,000 (Rupees Three 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.
3. 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.
4. The apportionment and disbursement shall be in terms of the order passed by the Tribunal.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The Judgment and Award 4 of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/-
JUDGE Sd/-
MEMBER CLK