Shri. Halaharvi Nagaraj Alias ... vs Boya Talari Nagaraju S/O B Sivanna
2021 Latest Caselaw 6458 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.101469/2021 (MV)
                 LOK ADALAT NO.1909/2021

BETWEEN

SHRI. HALAHARVI NAGARAJ @
NAGARJ, S/O THIPPAIAH
AGE. 23 YEARS,
OCC. AGRICULTURAL COOLIE,
R/O. YERAGUDI VILALE,
TQ. AND DIST BALLARI.
                                               ...PETITIONER

(BY SRI. ANJANEYA M, ADVOCATE)

AND

1. BOYA TALARI NAGARAJU
   S/O B SIVANNA
   AGE. 42 YEARS,
   OCC. DRIVER OF THE LORRY
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  BEARING REG NO.AP-21/TE-0099,
  R/O. 1-2-2, NEAR SCHOOL,
  TUDICHERLA VILLAGE,
  JUPADUBANGLA MANDALAM,
  KURNOOL DISTRICT,
  ANDHRA PRADESH 518401

2. SRI. DUPATI NARAYAN
   S/O DUPATHI PAKIRAPPA
   AGE. 52 YEARS,
   OCC. OWNER OF THE LORRY BEARING REG
   NO. AP-21/TE-0099,
   R/O. H.NO.49-A-120C,
   JNR NAGAR, KURNOOL,
   ANDHRA PRADESH 518401

3. THE DIVISIONAL MANAGER
   M/S NEW INDIA ASSURANCE CO LTD.,
   DIVISIONAL OFFICE,
   BALLARI 583101.
                                         ...RESPONDENTS

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

MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.01.2021 PASSED IN MVC NO.358/2019 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, 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

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

respondent No.3. 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.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.

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