Shri. Mallappa S/O Somappa Alias ... vs Shri. Prakash S/O Shivaprakash ...
2021 Latest Caselaw 6500 Kant

      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 MRS.JUSTICE M.G.UMA
                      AND
       MRS.ANURADHA DESHPANDE, MEMBER

            M.F.A.NO.100651/2021 (MV)
            (LOK ADALAT NO.1835/2021)
BETWEEN :

SHRI MALLAPPA
S/O SOMAPPA @ SOMALINGAPPA PUJERI,
AGE 37 YEARS, OCC ELECTRIC CONTRACTOR
AND AGRICULTURE, NOW NIL,
R/O KARIMANI, TQ. SOUNDATTI,
NOW RESIDING AT BAILHONGAL,
TQ BAILHONGAL, DIST BELAGAVI,
PIN 591102.
                                           ... APPELLANT
(BY SRI HANAMANT R LATUR, ADV.)

AND
1.     SHRI PRAKASH
       S/O SHIVAPRAKASH NARASANNAVAR
       AGE 50 YEARS, OCC BUSINESS,
       R/O CHIKKOPPA, TQ SOUNDATTI,
       DIST BELAGAVI, PIN 591110.

2.     THE ORIENTAL INSURANCE CO. LTD.,
       ENKAY COMPLEX, 2ND FLOOR,
       KESHWAPUR CIRCLE, OPP PATIMA COLLAGE,
       HUBBALLI, PIN 580020, TQ HUBBALLI,
       DIST DHARWAD,
                              2




      THROUGH BRANCH OFFICE,
      S.R.CIRCLE,, MERCHANT BANK BUILDING,
      BAILHONGAL, PIN 591102.
                                         ... RESPONDENTS

(NOTICE TO RESPONDENT NO.1 : DISPENSED WITH) (BY SRI A.G.JADHAV, ADV. FOR R.2)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.07.2020 PASSED IN MVC NO.1873/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND IV ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

: 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.1,50,000/-

(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. 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

EM