Shri.Mallappa Yallappa Chapre vs Smt.Deepa W/O Yallappa Devar
2021 Latest Caselaw 6802 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. RACHAIAH
                       AND
            SRI.M.C. HUKKERI, MEMBER

            M.F.A.No.100969/2019 [MV]
             (Lok Adalat No.2033/2021)

BETWEEN:

SHRI.MALLAPPA YALLAPPA CHAPRE
AGE:48 YEARS,
OCC:CYCLE SHOP BUSINESS (NOW NIL)
R/O H.NO.337, MARUTI GALLI,
MACCHE, BELAGAVI
DIST:BELAGAVI
PIN CODE:590002             ... APPELLANT

(BY SRI. SANJAY S. KATAGERI, ADV.)

AND

1 .    SMT.DEEPA W/O YALLAPPA DEVAR
       AGE:MAJOR, OCC:BUSINESS
       R/O C/O M.R.DESAI H.NO.661/1,
       BABLE GALLI,
       2ND CROSS,
                         2




      ANGOL, BELAGAVI
      PIN CODE 590006
      (OWNER OF THE GOODS RICKSHAW
      BEARING REGD.NO.KA-22/A-5735)

2 .   THE MANAGER
      IFFCO TOKIO GENERAL INSURANCE COMPANY
      LTD
      2ND FLOOR, SIKSHKA VISHWASTA MANDALA
      SHIKSHAK BHAVAN,
      COLLEGE ROAD,
      BELAGAVI
      (INSURER OF THE GOODS RICKSHAW
      BEARING REGD.NO.KA-22/A-5735)
                            ...RESPONDENTS

(BY SRI. R.R.MANE, ADV. FOR R2 NOTICE TO R1 DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1998, AGAINST THE JUDGMENT AND AWARD DATED 14.12.2016 PASSED IN MVC NO.2273/2014 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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.75,000/- (Rupees

Seventy Five 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 a mount 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

Vmb