Nagayya S/O. Mallayya Matapathi vs Sangappa S/O. Basappa Biradar ...
2021 Latest Caselaw 6501 Kant

                              1



          HIGH COURT LEGAL SERVICES COMMITTEE,
                    DHARWAD BENCH

                  BEFORE THE LOK ADALAT

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BECNH

             ON 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.104092 OF 2018 (MV)
                 LOK ADALAT NO.1913/2021

BETWEEN:
NAGAYYA S/O. MALLAYYA MATAPATHI,
AGE:26 YEARS,
OCC: AGRICULTURE (AT PRESENT NIL),
R/O. MAIGUR R.C-587119,
TQ:JAMKHANDI, DIST:BAGALKOT.

                                            ... APPELLANT
(BY SRI. HARISH MAIGUR, ADVOCATE)

AND
        SANGAPPA
        S/O. BASAPPA BIRADAR PATIL,
        SINCE DECEASED BY HIS LRS.

1.      SMT. PARVATEVVA
        W/O. SANGAPPA BIRADAR,
                              2



     AGE:72 YEARS,
     OCC:HOUSEHOLD WORK,

2.   SHRI. MAHADEV
     S/O. SANGAPPA BIRADAR,
     AGE:45 YEARS,
     OCC:AGRICULTURE,

3.   SHRI. GIRAMALLA
     S/O. SANGAPPA BIRADAR
     AGE:43 YEARS, OCC:AGRICULTURE,

     ALL ARE R/O. MAIGUR-587119,
     TQ:JAMKHANDI, DIST:BAGALKOT.

4.   THE DIVISIONAL MANAGER
     NEW INDIA ASSURANCE COMPANY LTD.,
     NEAR JUBILEE CIRLCE,
     DHARWAD-580001.

                                             ... RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV., FOR R4; R1- SERVICE HELD SUFFICIENT;

R2 AND R3: NOTICE SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 02/08/2018 IN MVC NO.359/2011 PASSED BY THE ADDL. SENIOR CIVIL JUDGE & MEMBER M.A.C.T. NO.VI, AT JAMKHANDI PARTLY ALLOWING THE CLAIM PETITON AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING 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. 2,30,000/- (Rupees Two Lakh Thirty

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.

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% per annum from

the date of default, till the 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