Sri.H.Mahaeshwarappa @ ... vs Sri.Prakash E.M. ...
2021 Latest Caselaw 6574 Kant

       HIGH COURT LEGA L SERVI CES COMMITTEE,
                 DHARWAD BEN CH

               BEFORE THE LOK ADALATH

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BEN CH

     DATED THIS THE 18 T H DAY OF DECEMBER, 2021

                CONCILIAT ORS PRESENT:

       HON'BLE MR.J USTI CE S . S UNIL DUTT YADAV
                          AND
            SRI.S.S . BADAWA DAGI, MEMBER

              M.F.A .No.104686/ 2019 [MV]
              (Lo k Adalat No .1749/ 2021)

BETWEEN:

SRI. H. MAHESHW ARAPPA @ MAHES HAPPA
S/O SIDDAPPA , A GE:61 YEARS , OCC: HOTEL
SHOP BUSINESS, R/O RANEBENNUR,
KURUBAGERI ONI, RANEBENN UR,
DIST:HAVERI, PIN -581115.
                                        ...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR, ADVOCATE)

AND:

1.     SRI. PRAKASH E.M. S/O MAHESHWARAPPA
       AGE:MAJOR, OCC:BUSINESS,
       R/O HARALAHALLI, TQ:HONNALI,
       DIST:DAVANAGERE-PIN 577217.

2.     THE DIVISIONAL MANAGER
       NATIONAL INSURANCE COMPANY LTD.,
       REGIONAL OFFICE, 2ND FLOOR, ARIHANTH PLAZA,
       KUSUGAL ROAD, HUBBALLI, PIN-580023.
                                          ....RESPONDENTS

(BY SRI.RAJESH B RAJNAL, ADVOCATE FOR R2) (R1-DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT TO ENHANCE THE COMPENSATION AWARDED BYTHE ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR IN MVC NO.905/2018 DATED 28.8.2019 BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD AND ALLOW THIS APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.

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.2,35,000/- (Rupees Two Lakh

Thirty Five 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

JTR