Sri. Somashekara S/O S. Bhoja Naik vs Sri. Anji Reddy S S/O Ramurthi ...
2021 Latest Caselaw 6452 Kant

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          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.100701/2021 (MV)
                 LOK ADALAT NO.1815/2021

BETWEEN

SRI. SOMASHEKARA S/O S. BHOJA NAIK
AGE 40 YEARS,
OCC SERVICE ENGINEER,
R/O KVR COLONY,
SOMESHWARA NAGAR,
MALLIGEVANA H.NO.23,
H.B. HALLI,
NOW R/AT WARD NO.5,
GUGGARAHATTI,
BALLARI.
                                              ...APPELLANT

(BY SRI.ANJANEYA M, ADV.,)


AND
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1 . SRI. ANJI REDDY S S/O RAMURTHI REDDY
AGE 48 YEARS,
OCC DRIVER OF LORRY BEARING
NO.TS 29/T-1117,
R/O 2-84, MADHARAM,
KUSUMANCHI,
KHAMMAM-507158.

2 . SRI.BALLEPALLI UPPALAIAH S/O CHANDRAIAH
AGE 62 YEARS,
OCC OWNER OF LORRY BEARING
NO.TQ-29/T-1117,
R/O H.NO.1-2, 117/2,
NIRMALA HOSPITAL ROAD,
SURYA PET,
NALGONDA,
TELANGANA-508213.

3 . THE DIVISIONAL MANAGER
M/S. THE NEW INDIA ASSURANCE CO. LTD.,
BALLARI.
                                              ...RESPONDENTS

(BY SRI. M.Y.KATAGI, ADV., FOR R3)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.01.2020 PASSED IN MVC NO.220/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BALLARI, 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

Sir. M.Y.Katagi, learned counsel accepts notice for

respondent No.3-Insurance Company.

2. The learned counsel for the appellant and the

representative of Respondent -Insurance Company along with its

counsel are present.

3. 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.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.

The same is accepted.

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

claimant.

5. 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.

6. 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

Vb/-