S. M. Halasiddappa vs Yashodamma W/O Umapathi K. M
2021 Latest Caselaw 6769 Kant

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          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.100306/2021 (MV)
                   Lok Adalat No.2074/2021

BETWEEN

S. M. HALASIDDAPPA
S/O MURADAPPA
AGE 51 YEARS,
OCC. AGRICULTURE,
NOW NIL,
R/O. GOPPENAHALLI,
TQ. CHANNAGIRI 577215.                      ...APPELLANT

(BY SRI. HARISH S MAIGUR, ADVOCATE)

AND

1. UMAPATHI K.M.,
   S/O LATE K.R.NAGENDRAPPA
   SINCE DECEASED, BY L.R.S.
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1A. YASHODAMMA
   W/O UMAPATHI K. M.
   AGE 43 YEARS,
  OCC. HOUSEHOLD WORK,
   R/O. SRI. RAKATALAPPA NILAYA
   OPP. TO AMRUTHA AYURVEDIC COLLEGE
   TEACHERS COLONY,
  CHITRADURGA 577121

2. THE BRANCH MANAGER
   THE NEW INDIA ASSURANCE CO. LTD.,
   BAJAJ COMPLEX,
   BEHIND SURAJ HOTEL,
   RANEBENNUR 581115.                         ...RESPONDENTS

(BY SRI. N.R.KUPPELLUR, ADVOCATE FOR R2 ) (NOTICE TO R.1A IS HELD SUFFICIENT)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.10.2020 PASSED IN MVC NO.153/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, 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

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

No.2-Insurance Company has agreed to pay a global

compensation of Rs.2,70,000/- (Rupees Two Lakh Seventy

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.

3. The entire 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.

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

Kms