Mahanthesha K.N. S/O K Nagaraja vs Basavaraja S/O Nagaraja
2021 Latest Caselaw 6451 Kant

                               1




           HIGH COURT LEGAL SERVICES COMMITTEE,
                     DHARWAD BENCH

                     Before the Lok Adalat

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

           Dated this the 18TH day of December, 2021

                      Conciliators Present

      THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

                              and

              SRI LAXMAN T.MANTAGANI, MEMBER

     MISCELLANEOUS FIRST APPEAL NO. 100705 OF 2021 (MV)
                 LOK ADALAT NO.1694/2021

BETWEEN:
MAHANTHESHA K.N. S/O K. NAGARAJA,
AGED ABOUT 22 YEARS,
OCC. STUDENT,
R/O. HOSPET STREET,
HARIHARA TOWN,
DAVANAGERE DISTRICT,
NOW R/O. NATARAJ BADAVANE,
HARAPANAHALLI TOWN,
VIJAYANAGAR DISTRICT 583131.
                                                 ...APPELLANT

(BY SRI. S. S. BETURMATH, ADVOCATE)

AND
1.     BASAVARAJA S/O NAGARAJA
       AGED ABOUT 47 YEARS,
                              2




     OCC. DRIVER OF AUTO,
     R/O. NEAR PHAKEERA SWAMYMATH,
     SHIVAMOGA ROAD,
     HARIHARA TOWN,
     DAVANAGERE DISTRICT 577601.

2.   PRESIDENT,
     MYSORE KRILOSKAR EMPLOYEE
     CO-OPERATIVE SOCIETY LTD.,
     H. P. GAS DELAR,
     R/O. YANTRAPURA,
     HARIHARA TALUK,
     DAVANAGERE 577601

3.   THE MANAGER
     NEW INDIA ASSURANCE CO.LTD.,
     HARIHARA BRANCH 680503,
     1ST FLOOR, WALI COMPLEX,
     SHIVMOGA ROAD,
     HARIHARA TOWN 577601,
     DAVANAGERE DISTRICT.
                                                ...RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV., FOR R3; R1 AND R2- NOTICE DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.04.2019 PASSED IN MVC NO.17/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-IX, HARAPANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

Sri. M. Y. Katagi, advocate, accepts notice for respondent

No.2. The learned counsel for the appellant and the

representative of Respondent-Insurance Company along with its

counsel are present.

2. After prolonged negotiations, the matter is settled.

The appellant-claimant has agreed to receive and the

respondent-Insurance Company has agreed to pay a global

compensation of Rs.80,000/- (Rupees Eighty Thousand 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. The same is accepted.

3. The entire amount shall be released in favour of the

claimant.

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 yan