Mahesh S/O Madivalappa vs Jayappa J.K. S/O Rangappa
2021 Latest Caselaw 6456 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. 100082 OF 2017 (MV)
          LOK ADALAT NO.1921/2021

BETWEEN


MAHESH S/O MADIVALAPPA,
AGE: 24 YEARS,
OCC: NOW NIL,
R/O: BIJOGATTI,
NOW AT CHANDRAPPA AGASAR,
UMASHANKAR NAGAR,
RANEBENNUR.-581115
                                         ...APPELLANT


(BY SMT SHAILA.BELLIKATTI, ADV.,)


AND
                             -2-




    1 . JAYAPPA J.K. S/O RANGAPPA,
    OWNER OF TATA ACE GEG.
    NO.KA.14/B-1621,
    R/O: KOMMNALU VILLAGE,
    TQ: SHIVAMOGGA.-577201



    2 . THE DIVISIONAL MANAGER,
    CHOLAMANDALAM M.S. GENERAL
    INSURANCE CO. LTD.,
    1ST FLOOR, KALABURGI SQUARE,
    DESAI CROSS,
    DESHPANDE NAGAR,
    HUBBALLI.-580023
                                            ...RESPONDENTS

(BY SRI.S.K.KAYAKMATH, ADV,. FOR R2;

SRI.ANJANEYA M, ADV., FOR R1 )

THIS MFA IS FILED U/S.173 (1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED 9/12/2016 PASSED IN

MVC.NO.1278/2014 ON THE FILE OF THE PRL.SENIOR CIVIL

JUDGE AND AMACT, RANEBENNUR.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK

ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

Sir.S.K.Kayakmath, learned counsel accepts notice for

respondent -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.1,50,000/- (Rupees one lakh fifty 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.

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/-