Sri.Sandesh S/O Somashekhar ... vs Sri.Veeresh S/O Shivogappa ...
2021 Latest Caselaw 6617 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.101301/2019 [ECA]
              (Lok Adalat No.1738/2021)

BETWEEN:

SRI. SANDESH S/O SOMASHEKHAR YANNI
AGE:22 YEARS, OCC:DRIVER,
R/O CHIKKERUR, NOW AT NEHRU NAGAR,
BYADAGI, TQ:BYADAGI,
DIST:HAVERI, PIN CODE-581106.
                                  ...APPELLANT
(BY SRI.NAVEEN CHATRAD, ADVOCATE)

AND:

1.     SRI. VEERESH S/O SHIVOGAPPA WALISHETTAR
       AGE:MAJOR, OCC:BUSINESS,
       R/O NEAR PAVAN TALKIES, CHIKKERUR,
       TQ:HIREKERUR, DIST:HAVERI, PIN CODE:581111.

2.     THE DIVISIONAL MANAGER
       NATIONAL INSURANCE CO. LTD.,
       REGIONAL OFFICE, 2ND FLOOR, ARIHANT PLAZA,
       KUSUGAL ROAD, HUBBALLI-580020.
                                 2




                                           ....RESPONDENTS

(BY SRI.S.V. YAJI, 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 ALLOW THIS APPEAL AND AWARD THE COMPENSATION AS PRAYED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 30.11.2018 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADAGI IN ECA NO.27/2016 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.25,000/- (Rupees Twenty

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 off 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