Citation : 2021 Latest Caselaw 6768 Kant
Judgement Date : 18 December, 2021
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.100352/2021 [MV]
(Lok Adalat No.2090 /2021)
BETWEEN:
SINCHAN GUDDAD W/O PRAMOD S . HEBBALLI,
AGE: 33 YEARS , OCC.: COMPUT ER PROFESSIONA L,
R/O: 112, 6 T H C MAIN, RAMCO LAYOUT,
VIJAYANAGAR II S TAGE, BEN GALURU, N OW AT
SHIVAPPA GUDDA D, MAHISHI ROAD ,
MALAMADDI, DHA RWAD, REPRESENT ED BY HER
SPECIA L POWER OF ATTORNEY HOLD ER
S.B. HEBBALLI, AD VOCATE, 121, 5 T H MAIN ROAD,
RANICHANNAMMA NAGAR, DHARWAD .
- APPELLANT
(BY SRI. S.C. HIREMATH, ADVOCATE)
AND:
1. SURESH J.H S/O HANUMANTHA SETTY J.R,
AGE-50, HARDWARE AND PAINTS MERCHANTS,
DVG ROAD, JAGALUR, DIST: DAVANAGERE-577 528.
2. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD,
SHIVA NARADAMUNY PLAZA, MCC BLOCK,
DENTAL COLLEGE ROAD, PB NO. 74,
2
DAVANAGERE-577 004.
- RESPONDENTS
(BY SRI. RAJESH B.R, 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 22.05.2020 PASSED IN M.V.C. NO. 148/2017 PASSED BY THE III ADDL. SR. CIVIL JUDGE AND MACT, DHARWAD & 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 `15,000/-(Rupees fifteen 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 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
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