Kenchappa Alias Golla Kenchappa vs Sri.Nayakula Manjunath S/O. Late ...
2021 Latest Caselaw 6611 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.100656/2019 (MV)
              (LOK ADALAT NO.1816/2021)
BETWEEN :

KENCHAPPA ALIAS GOLLA KENCHAPPA
S/O. SRI MUSAPPAGERI KENCHAPPA @ KENCHAPPA,
AGED ABOUT 56 YEARS,
OCC:COOLIE CUM AGRICULTURIST,
R/O. HALKUNDI VILLAGE,
BALLARI, TALUK AND DISTRICT-583101.
                                         ... APPELLANT
(BY SRI MANJUNATHA G.PATIL., ADV.)

AND :

1.      SRI.NAYAKULA MANJUNATH
        S/O. LATE SRI N BOMMAIAH
        AGED ABOUT 36 YEARS,
        DRIVER OF AUTO BEARING
        REG.NO. AP-22/Y-1434,
        R/O. R KATHAPALLI VILLAGE,
        RAYADURGA-TALUK,
        ANANTHAPUR-DT
        ANDHRA PRADESH-420001.

2.      SRI KULLAYAPPA M S/O. SRI NAGAPPA
        AGED ABOUT 46 YEARS,
        REGISTERED OWNER OF AUTO
                            2




     BEARING REG.NO.AP-22/Y--1434,
     R/O. THUMPURA-VILLAE,
     NARPALA MANDAL,
     ANANTHAPUR DISTRICT-A.P-420001.

3.   THE MANAGER
     M/S. M and M FINANCE SERVICES LTD.,
     INSURANCE POLICY HOLDER OF THE
     AUTO BEARING NO. AP-22/Y-1434,
     R/O. WARD NO.18,
     MEHBOOB NAGARA,
     A.P-420001.

4.   M/S. RELIANCE GENERAL INSURANCE
     COMPANY LTD, BY ITS MANAGER,
     1ST FLOOR,SLV TOWERS,
     NO.40,MAIN ROAD,
     PARVATHI NAGAR,
     BALLARI-583101.
                                        ... RESPONDENTS

(BY SRI.G.N.RAICHUR., ADVOCATE R4; (NOTICE TO RESPONDENT NO.1 TO 3 : DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 21.05.2018 PASSED IN MVC NO.1112/2013 ON THE FILE OF THE III MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI, 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.20,000/- (Rupees

Twenty 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 AM