Karnataka High Court
Smt.Veena.E W/O. Late Gangappa E.S vs Shri.Palani.B. S/O. Boopalan.R on 12 March, 2022
HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12 T H DAY OF MARCH, 2022
CONCILIATORS PRESENT:
HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
AND
SRI.S.S. BADAWADAGI, MEMBER
M.F.A.No.103750/2019 [MV]
(Lok Adalat No.22/2021)
BETWEEN:
1. SMT. VEENA E W/O LATE GANGAPPA E.S.
AGE:28 YEARS, OCC:HOUSEWIFE,
2. MINOR NANDU SHREE E D/O LATE GANGAPPA
E.S., AGE:10 YEARS, OCC:STUDENT,
3. MINOR SANJAY E.G. D/O LATE GANGAPPA
E.S., AGE:3 YEARS, OCC:NIL,
4. SRI. E. SHESHAPPA S/O LATE GANGAPPA
AGE:63 YEARS, OCC:AGRICULTURE,
5. SMT. E. LAKSHMI DEVI W/O E. SHESHAPPA
AGE:57 YEARS, OCC:HOUSEWIFE
ALL ARE R/O WARD NO.5, H.NO.174,
LEFT SIDE GRAMA PANCHAYATH OFFICE,
2
HALEKOTE VILLAGE, TQ:SIRUGUPPA,
DIST:BALLARI-583121.
SINCE APPLT 2 AND 3 ARE MINORS REP. BY HER
MINORS GUARDIA N MOTHER SMT. V EENA E-A PPLT 1)
...APPELLANTS
(BY SRI.G.R. TURAMARI, ADVOCATE)
AND:
1. SRI. PALANI B S/O BOOPALAN R
AGE:34 YEARS, OCC:DRIVER OF TATA 407 VEHICLE
BEARING REG. NO.TN-23/BF-9279,
R/O KURUVARAMEDU KARADIGUDI,
D.C. KUPPAN POST, G.R. PALAYAM,
VIA VELLOR DISTRICT, T.N. STATE-632001
2. M/S. S.S. NATARAJAN S/O SADAYAN
AGE:58 YEARS, OCC:OWNER OF TATA 407 VEHICLE
BEARING REG. NO.TN-23/BF-9279
R/O NO.35/4, RAMARKOIL STREET,
SANJEEVARAYAPURAM, PALLIKUPAM POST,
TQ:KATPADI, VELLOR DIST, T.N. STATE-632001.
3. M/S. NATIONAL INSURANCE CO. LTD.,
BY ITS DIVISIONAL MANAGER
MAIN ROAD, PARVATHI NAGAR,
BALLARI, DIST:BALLARI-583102.
....RESPONDENTS
(BY SRI.RAJESH B RAJNAL & SRI. M.G. GADAGOLI, ADVS.FOR R3) (R1 AND R2-DISPENSED WITH) THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.11 AND II ADDL. SENIOR CIVIL JUDGE, BALLARI, SITTING AT SIRUGUPPA IN MVC NO.726/2016 DATED 31.08.2018 AND ALLOW THE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. 3 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 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 global compensation of Rs.1,00,000/- (Rupees One 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. Same is accepted.
3. The said amount shall be released in favour of the 1st appellant-wife of the deceased. 4
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 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 JTR