Karnataka High Court
The Manager vs Shri. Gurushiddayya S/O ... on 18 December, 2021
Bench: Lok Adalath
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.101536/2019 (MV)
C/W
M.F.A.NO.103078/2018 (MV)
(LOK ADALAT NO.2005/2021)
IN M.F.A.NO.101536/2019 (MV)
BETWEEN :
SHRI GURUSHIDDAYYA
S/O GURUBASAYYA HIREMATH
@ GURUBASAYYANAVAR
AGE:40 YEARS, OCC:TILES GOUNDI (NOW NIL)
R/O.BISANALLI VILLAGE,
TAL:KALGHATGI, DIST:DHARWAD
NOW AT H.NO.111, PATIL GALLI, KANBARGI,
TAL AND DIST: BELAGAVI PIN CODE:590017
... APPELLANT
(BY SRI SANJAY S KATAGERI, ADV.)
AND :
1. SHRI MANJUNATH
S/O. RAMAPPA SATTEPPANNAVAR
AGE: MAJOR, OCC:BUSINESS,
R/O. SUKADAKERI, BANKAPUR,
TAL:SHIGGAON, DIST:HAVERI,
PIN CODE:581202.
2
2. THE MANAGER ORIENTAL INSURANCE COMPANY LTD.,
2ND FLOOR, DHAMNEKAR ARCADE,
B.R.AMBEDKAR ROAD, BELAGAVI
PIN CODE:590002
... RESPONDENTS
(BY SRI SHARMILA M.PATIL, ADV. FOR.2)
( NOTICE TO RESPONDENT.1 : SERVED)
THIS IS MFA FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
22.02.2018 PASSED IN MVC NO.1712/2016 ON THE FILE OF
THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.NO.103078/2018 (MV)
BETWEEN :
THE MANAGER
THE ORIENTAL INSURANCE CO. LTD.
2ND FLOOR, DHAMNEKAR ARCADE,
B.R. AMBEDKAR ROAD, BELAGAVI,
REPRESENTED BY DEPUTY MANAGER,
R.O. HUBBALLI-580020.
... APPELLANT
(BY SHARMILA M PATIL, ADV.)
AND :
1. SHRI. GURUSHIDDAYYA
S/O GURUBASAYYA HIREMATH
@ GURUBASSAYYANAVAR,
AGE: 38 YEARS, OCC: TILES GOUNDI,
R/O: BISANALLI VILLAGE,
TQ: KALGHATGI, DIST: DHARWAD,
NOW AT H.NO.111, PATIL GALLI, KANBARGI,
TQ AND DIST: BELAGAVI-593107.
2. SHRI.MANJUNATH S/O RAMAPPA SATTEPPANAVAR,
AGE: MAJOR, R/O: SUKADAKERI BANKAPUR,
TQ: SHIRGGAON, DIST: HAVERI.
... RESPONDENTS
(BY SRI S S KATAGERI, ADV. FOR R1)
(NOTICE TO RESPONDENT NO.2 : SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2018
PASSED IN MVC NO.1712/2016 ON THE FILE OF THE XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
AWARDING COMPENSATION OF RS.8,90,500/- WITH INTEREST
AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
THESE APPEALS 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.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 of in terms of the Joint Memo. The award of
the Tribunal shall stand modified accordingly.
6. Inv in view of the disposal of appeal filed by
the claimant in M.F.A.No.101536/2019, the appeal
filed by the insurance company in M.F.A.No.103078/
2018 is hereby dismissed.
7. Amount in deposit if any, in
MFA.No.103078/2018 filed by the insurance company
shall be transmitted to the Tribunal for disbursement.
Draw up the award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
EM
