Hanmanthappa @ Hanmappa Kukuli vs S G Manjunath S/O Govindnayak
2021 Latest Caselaw 6553 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. 103994 OF 2018 (MV)
          LOK ADALAT NO.1912/2021

BETWEEN

1. HANMANTHAPPA @ HANMAPPA KUKULI
S/O HANUMAPPA
AGE:48 YEARS,
OCC:COOLIE WORK
R/O HAMPASADURGA VILLAGE,
TQ:GANGAVTI,
DIST KOPPAL

2 . SMT.DURGAMMA W/O HANMANTHAPPA
@HANMAPPA KUKULI
AGE 42 YEARS, OCC:HOUSEHOLD WORK
R/O HAMPASADURGA VILLAGE,
TQ:GANGAVTI, DIST KOPPAL
                                     ...APPELLANTS

(BY SRI.N L BATAKURKI, ADV.,)
                           -2-




    AND

    1 . S G MANJUNATH S/O GOVINDNAYAK
    AGE:28 YEARS,
    OCC:DRIVER OF LORRY BEARING
    NO.KA-02/AB-4483
    R/O HASAN KONANOOR,
    TQ AND DIST:HASAN

    2 . MAHADEV H G S/O LATE GANGAPPA H
    AGE:54 YEARS, OCC:OWNER OF LORRY BEARING
    NO.KA-02/AB-4483
    R/O @ , 1513 4TH B.MAIN, WC ROAD,
    MAHALAXMIPURAM, BENGALURU

    3 . THE BRANCH MANAGER
    FUTURE GENERAL INDIA INSURANCE COMPANY LIMITED,
    2ND FLOOR, KALBURGI LAND MARK,
    OPPOSITE T.B.LADIES
    HIGH SCHOOL, DESHPANDE NAGAR,
    HUBBALLI 580029
                                      ...RESPONDENTS

(BY SRI.S.K.KAYAKMATH & R.R.MANE, ADVS., FOR R3;

NOTICE TO R1 DISPENSED WITH;

NOTICE TO R2 HELD SUFFICIENT)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 10/11/2017 PASSED IN MVC NO.491/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI 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.S.K.Kayakmath, learned counsel accepts notice for

respondent -Insurance Company.

2. The learned counsel for the appellants and the

representative of Respondent -Insurance Company along with its

counsel are present.

3. After prolonged negotiations, the matter is settled. The

appellants-claimants have agreed to receive and the respondent-

Insurance Company has agreed to pay a global compensation of

Rs.5,70,000/- (Rupees five lakhs seventy 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. Out of the said amount, a sum of Rs.3,00,000/- is ordered

to be released in favour of the claimants and the balance of

Rs.2,70,000/- is ordered to be deposited in the names of

claimants in equal proportion in a nationalized bank for a period

of three years.

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/-