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Karnataka High Court

Shakuntala vs Dr.Basavaraj on 17 July, 2014

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       HIGH COURT L EGAL SERVICES
           COMMITTEE, DHARWAD
          BEFORE THE L OK ADALAT

     IN THE HIGH COURT OF KAR NATAKA
             DHARWAD BENCH

     DATED THIS TH E 17 T H DAY OF JUL Y, 2014

            CONC ILIATORS PRESENT:

THE HON'BLE MR.JUST ICE A.N. VENUGOPALA GOWDA
                         AND
        SH RI. L. B. MANNODDAR, MEMBER
            MF A NO.242 53/20 13 (MV)
          [LOK ADAL ATH NO.2142 /2014 ]


BETWEEN:

1.   SHAKUNTALA W/O GODACHAPPA GATTEPPANAVAR
     AGAE: 45 YEARS, OCC: HOUSEHOLD WORK,

2.   PRABHU S/O GODACHAPPA GATTEPPANAVAR
     AGE: 16 YEARS, OCC: STUDENT.

3.   DEEPAK S/O GODACHAPPA GATTEPPANAVAR
     AGE: 14 YEARS, OCC: STUDENT.

     SINCE APPELLANT NOS.2 AND 3 ARE MINORS,
     R/BY NATURAL GUARDIAN,
     MOTHER APPELLANT NO.1.

     ALL ARE R/O JAVALI BAXAR,
     MAHALINGAPUR TOWN, TQ: MUDHOL,
     DIST: BAGALKOT.
                                        ... APPELLANTS
(BY SRI. HARISH S MAIGUR, ADV.)
                            2




AND

1.    DR.BASAVARAJ S/O SHAKREPPA AMBI
      AGE: 58 YEARS, OCC: MEDICAL PRACTICE,
      R/O: JAVALI BAZAR, MAHALINGAPUR TOWN,
      TQ: MUDHOL, DIST: BAGALKOT.

2.    THE MANAGER
      BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
      AREA OFFICE, IST FLOOR,
      MAHADIWALE COMPLEX,
      CLUB ROAD, BELGAUM.
                                       ... RESPONDENTS

(BY SRI. S K KAYAKAMATH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:23-03-2013 PASSED IN MVC NO.622/2011 ON THE FILE OF MEMBER, MACT-IX, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY ORDER DATED 25-06-2014, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER Both sides are present.

The second respondent submits that, it is agreeable to pay `2,45,000/- in lumpsum, i.e., over and above the amount awarded by the MACT, being the full and final settlement of the claim of the appellants.

After negotiation, the parties have arrived at a settlement. A joint memo is filed in this regard.

Both the parties have signed the consent memo. Thus, the matter having been settled, the second respondent shall deposit the agreed amount of `2,45,000/- before the MACT, within a period of six weeks from the date of receipt of copy of this order. In case of default, the said amount shall carry interest at the rate of 9% p.a. i.e., after the expiry of six weeks' period.

Upon deposit, `75,000/- shall be invested in FD in any nationalised bank, for a period of five years, in the name of 4 the 1st appellant - widow of the deceased. `50,000/- each shall be invested in the names of minor children in FD, till they attain the age of majority and the balance amount shall be released in favour of the 1st appellant.

Sd/-

JUDGE Sd/-

MEMBER sac*