Chetana @ Chathana K.R vs Sri.Avinash K.N. S/O ...
2021 Latest Caselaw 6594 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.103300/2019 [MV]
              (Lok Adalat No.1739/2021)

BETWEEN:

CHETANA @ CHATHANA K.R.
S/O REVANSHIDDAPPA, AGE:24 YEARS,
OCC:PRIVATE FACTORY WORKER AS HELPER,
R/O HARALAHALLI VILLAGE, TQ:HONNALI,
DIST:DAVANAGERE-577001
                                    ...APPELLANT
(BY SRI.G.N. NARASAMMANAVAR, ADVOCATE)

AND:

1.      SRI. AVINASH K.N. S/O NARASHIMAPPA K.C.
        AGE:MAJOR, OCC:BUSINESS,
        R/O 145, GOLLARAHALLI BADAVANE,
        GOLLARAHALLI VILLAGE, TQ:HONNALLI,
        DIST:DAVANAGERE.

2.      THE DIVISIONAL MANAGER
                            2




     NATIONAL INSURANCE CO. LTD.,
     ARIHANTHA PLAZA, 2ND FLOOR,
     KUSUGAL ROAD, HUBBALLI-580023.

3.   THE BRANCH MANAGER
     NATIONAL INSURANCE CO. LTD.,
     BESIDE VIJAYA BANK, NEAR SANGAM CIRCLE,
     RANEBENNUR, DIST:HAVERI-581115.
                                   ....RESPONDENTS

(BY SRI.S.K. KAYAKAMATH, ADVOCATE FOR R2) (R1 & R3-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 BY THE 1ST ADDL. SENIOR CIVIL JUDGE & AMACT, RANEBENNUR IN MVC NO.177/2017 DATED 1.4.2019 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 No.2-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 No.2-Insurance Company has

agreed to pay a global compensation of Rs.1,10,000/-

(Rupees One Lakh Ten 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 No.2-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

J TR