Sri. T. Mugabasappa vs Sri. Gurushankar @ Guru
2021 Latest Caselaw 6577 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. SUNIL DUTT YADAV
                          AND
            SRI.S.S. BADAWADAGI, MEMBER

              M.F.A.No.104537/2019 [MV]
               (Lok Adalat No.1953 /2021)

BETWEEN:

SRI. T. MUGABASAPPA @ TALAWAR
MUGABASAPPA S/O LATE NINGAPPA
AGE:56 YEARS, OCC:AGRICULTURIST,
R/O NADU MAVINAHALLI VILLAGE,
KALAPUR POST, TQ:KUDLIGI,
DIST:BALLARI-573274.
                                 ...APPELLANT/S
(BY SRI.G.R. TURAMARI, ADVOCATE)

AND:

1.      SRI. GURUSHANKAR @ GURU S/O NAGAPPA S
        AGE:32 YEARS, OCC:DRIVER OF AMBULANCE
        AMBULANCE BEARING REG. NO.KA-42/G-0884, R/O
        UJJINI POST, TQ:KUDLIGI, DIST:BALLARI-573274.
                            2




2.   THE DIRECTOR OF HEALTH AND FAMILY SERVICES
     OWNER OF THE AMBULANCE BEARING NO.KA-42/G-
     0884, R/O ANANDRAO CIRCLE, BENGALURU,
     DIST:BENGALURU-560009.

3.   M/S. NATIONAL INSURANCE CO. LTD.,
     BY ITS DIVISIONAL MANAGER,
     MAIN ROAD, PARVATHI NAGAR, BALLARI,
     DIST:BALLARI-573272.
                                   ....RESPONDENTS

(BY SRI.S.K. KAYAKAMATH, ADVOCATE FOR R3)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN THE COURT OF SENIOR CIVIL JUDGE CUM MACT-VI, KUDLIGI IN MVC NO.542/2017 DATED 20.7.2019 AND ALLOW THE APPEAL 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.68,000/- (Rupees

Sixty Eight 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