Venaktaraman S/O Ningayya Naik vs Dinakar S/O Krishna Devadiga
2021 Latest Caselaw 6624 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.103003/2018 [MV]
                (Lok Adalat No.1952 /2021)

BETWEEN:

VENKATRAMAN S/O NINGAYYA NAIK
AGE:35 YEARS, OCC:COOLIE IN FACTORY,
R/O KUPPAYYANAMANE, COOKNEER,
POST:HEBLE, TQ:BHATKAL-581320,
DIST:UTTARA KANNADA
                                 ...APPELLANT
(BY SMT. DEEPA UDIYAR, ADVOCATE)

AND:

1.      DINAKAR S/O KRISHNA DEVADIGA
        AGE:MAJOR, R/O GOWRAJJIMANE, CHITTIHAKKAL
        POST:ULMAN-581320, TQ:BHATKAL, DIST:UK

2.      THE BRANCH MANAGER
        NATIONAL INSURANCE CO. LTD.,
        BRANCH OFFICE, KARWAR.
                              2




                                    ....RESPONDENTS

(BY SMT. SHARMILA M PATIL, ADVOCATE FOR R2)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT THAT THE JUDGMENT AND AWARD DATED 29.04.2016 PASSED IN MVC NO.333/2015 ON THE FILE OF THE ADDL. MACT, HONAVAR (ITINERARY COURT AT BHATKAL) TO THE EXTENT OBJECTED TO HEREIN, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AMOUNT AS CLAIMED BY THE APPELLANTS IN THEIR CLAIM PETITION BY ALLOWING THIS APPEAL WITH COST THROUGHOUT IN THE ENDS OF JUSTICE.

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.40,000/- (Rupees Forty

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

J TR