Shri. Akash S/O Appayya ... vs Shri. Maharudrappa S/O Adiveppa ...
2021 Latest Caselaw 6481 Kant

      HIGH COURT LEGAL SERVICES COMMITTEE,
                DHARWAD BENCH

            BEFORE THE LOK ADALATH

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

 DATED THIS THE 18 T H DAY OF DECEMBER, 2021

             CONCILIATORS PRESENT:

         HON'BLE MR.JUSTICE S. RACHAIAH
                       AND
            SRI.M.C. HUKKERI, MEMBER

            M.F.A.No.101230/2021 [MV]
            (Lok Adalat No.1777/2021)
BETWEEN

SHRI. AKASH S/O APPAYYA KALLIGUDDI
AGE. 22 YEARS,
OCC. AGRICULTURE AND ITI STUDENT,
R/O. KHANAGAON, TQ. GOKAK,
DIST. BELAGAVI 593107.
                                       .....APPELLANT
(BY SRI SANTOSH S HATTIKATAGI, ADV.)

AND

1.    SHRI. MAHARUDRAPPA S/O ADIVEPPA GIDAGERI
      AGE. 37 YEARS, OCC. AGRICULTURE,
      R/O. HUDALI, TQ. GOKAK,
      DIST. BELAGAVI 593107.

2.    SHRI. SHIVANAND S/O MARUTI MUTNAL
      AGE. 36 YEARS, OCC. BUSINESS,
                                2




      R/O. SULDHAL, TQ. GOKAK,
      DIST. BELAGAVI 593107.

3.    BAJAJ ALLIANZ GENERAL
      INSURANCE COMPANY LTD.,
      BY ITS SENIOR DIVISIONAL MANAGER,
      MADIWALE ARCADE,
      1ST FLOOR,HASMI MANZIL,
      CLUB ROAD,
      BELAGAVI 593107.

                                           .....RESPONDENTS

(BY SRI S.K. KAYAKMATH, ADV. & SRI. R.R.MANE, ADVS. FOR R-3 R1 & R2 NOTICE DISPENSED WITH)

THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.08.2021 PASSED IN MVC NO.2499/2018 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT GOKAK, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

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.1,40,000/-

(Rupees One Lakh Forty 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. Same is accepted.

3. The said 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

NAA