Shri Ningappa S/O Huvappa ... vs Shri.Mallesh S/O Pundalik ...
2021 Latest Caselaw 6766 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.100434/2021 [MV]
                (Lok Adalat No.2057/2021)
BETWEEN:

SHRI. NIN GAPPA S /O HUVAPPA K EMPAVVAGOL,
AGE: 24 YEARS , OCC.: AGRI CULT URE &
BUSINESS, R/ O: RAJAPUR, T Q: GOK AK,
DIST: BELA GAVI-593 107.
                                           -        APPELLANT
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)

AND:

1.     SHRI MALLESH S/O PUNDALIK KEMPAVVAGOL,
       AGE: MAJOR, OCC.: BUSINESS & AGRICULTURE,
       R/O: RAJAPUR, TQ: GOKAK, DIST: BELAGAVI-593 107.

2.    THE SENIOR DIVISIONAL MANAGER,
      THE NATIONAL INSURANCE COMPANY LTD.,
      RAMDEV GALLI, BELAGAVI,
      DIST: BELAGAVI-591 307.
                                         -        RESPONDENTS

(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 CHALLENGING THE JUDGMENT AND AWARD DATED 03.07.2020 PASSED IN M.V.C. NO. 133/2015 PASSED BY THE II ADDL. SR. CIVIL JUDGE & AMACT, GOKAK & ETC.

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 No.2-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 `2,00,000/-(Rupees two lakhs 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 No.2-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 bvv