Yallappa S/O Basappa Ganiger And ... vs Huvappa S/O Mallappa Agasimani
2021 Latest Caselaw 6606 Kant

  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 MRS.JUSTICE M.G.UMA
                          AND
           MRS.ANURADHA DESHPANDE, MEMBER

                M.F.A.NO.101969/2019 (MV)
                (LOK ADALAT NO.1724/2021)

BETWEEN :

BASAPPA S/O NAGAPPA HASABI
AGE:52 YEARS, OCC:BUSINESS,
R/O.KABBENUR TQ and DIST: DHARWAD

                                               .... APPELLANT
(BY SRI.P.G.CHIKKANARAGUND, ADV.)

AND :

1.      HUVAPPA S/O MALLAPPA AGASIMANI
        AGE:MAJOR, OCC:OWNER OF THE TRACTOR TRAILOR,
        NO.KA-25 T/1995, R/O. C/O. SIDDU AIRANI,
        MRITYUNJAYA NAGAR, KUMBAR ONI, DHARWAD

2.      THE DIVISIONAL MANAGER
        RELIANCE GENERAL INSURANCE CO. LTD.,
        NO.472-474, N.A. KALABURGI SQUIRE,
        DESAI CROSS, DESHPANDE NAGAR,
        HUBBALLI, DIST:DHARWAD

                                          ... RESPONDENTS

(NOTICE TO R1 DISPENSED WITH) (BY SRI.G.N.RAICHUR & SRI.S.V.YAJI, ADVS. FOR R2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28.11.2018 PASSED IN MVC NO.467/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION 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.70,000/- (Rupees 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.

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 MBS/-