Fakkirshetti S/O Veerabhadrappa ... vs The Signatory Authority
2021 Latest Caselaw 6622 Kant

                     -1-




    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 MR.JUSTICE HEMANT CHANDANGOUDAR

                    AND

      SRI LAXMAN T.MANTAGANI, MEMBER

MISCELLANEOUS FIRST APPEAL NO. 102583 OF 2018 (MV)
          LOK ADALAT NO.1900/2021


BETWEEN

1 . FAKKIRSHETTI S/O VEERABHADRAPPA HOLAL
AGE: 57 YEARS,
OCC: SERVICE,
R/O: BEVINAHALLI,
TQ: SVANUR,
DIST: HAVERI.

2 . KUMARI SHIVALEELA D/O FAKKIRSHETTI HOLAL
AGE: 24 YEARS,
OCC: HOUSEHOLD WORK,
R/O: BEVINAHALLI,
TQ: SVANUR,
DIST: HAVERI.

3 . KUMAR SUNIL S/O FAKKIRSHETTI HOLAL
                            -2-




     AGE: 18 YEARS,
     OCC: STUDENT,
     R/O: BEVINAHALLI,
     TQ: SVANUR,
     DIST: HAVERI.
                                              ...APPELLANTS

     (BY SRI.CHANDRASHEKHAR M HOSMANI, ADV.,)

     AND

     1 . THE SIGNATORY AUTHORITY
     CHHEDA CARGO CARRIER,
     R/O: 568, SHED 4, GALA 4,
     ARIHANT COMPLEX,
     PURNA VILLAGE,TQ: BHIWANDI,
     DIST: THANE,MAHARASHTRA STATE-421302,
     (OWNER OF LORRY BEARING
     REG.NO.MH-04/GR-5589)

     2 . THE AUTHORISED SIGNATORY
     CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
     OPP. VIVEKANANDA HOSPITAL,
     DESAI CIRCLE, CLUB ROAD,HUBBALLI-580029.
     (INSURER OF LORRY BEARING REG NO.MH-04/GR-5589)
     POLICY NO.3379/01183937/000/00
     VALID FROM 12/05/2015 TO 11/05/2016)

                                          ...RESPONDENTS

(BY SRI. S K KAYAKAMATH, ADV., FOR R2;

NOTICE TO R1 DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 7/4/2018 PASSED IN MVC NO.199/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIGGAON, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

Sir.S.K.Kayakmath, learned counsel accepts notice for

respondent -Insurance Company.

2. The learned counsel for the appellants and the

representative of Respondent -Insurance Company along with its

counsel are present.

3. 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.3,50,000/- (Rupees three lakh fifty 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. The same is accepted.

4. The entire amount shall be released in favour of the

claimants.

5. 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.

6. 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

Vb/-