Basappa S/O Pampanna Oli vs Suresh S/O Sharanappa Bileyeli
2022 Latest Caselaw 10738 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH


           DATED THIS THE 13TH DAY OF JULY, 2022

                          BEFORE

       THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR


     MISCELLANEOUS FIRST APPEAL NO.100822/2021 (MV)


BETWEEN:

BASAPPA S/O PAMPANNA OLI
AGE: 62 YEARS,
OCC: GOLDSMITH AND AGRICULTURE,
R/O. CHIKKOPPA, TQ: AND DIST: GADAG.
                                              ...APPELLANT.

(BY SHRI CHANDRASHEKHAR M HOSAMANI, ADVOCATE.)


AND:

1.     SURESH S/O SHARANAPPA BILEYELI
       AGE: 37 YEARS, OCC: DRIVER,
       OWNER OF THE VEHICLE BEARING
       REG.NO.KA-26/6959,
       R/O. HIREKOPPA,
       TQ: AND DIST: GADAG-582102.

2.     THE ICICI LOMBARD GENERAL
       INSURANCE COMPANY LTD.,
       REP. BY ITS DIVISIONAL MANAGER,
       BELLAD HERO HONDA SHOW ROOM ROAD,
       1ST FLOOR, GOKUL ROAD,
       HUBBALLI-580020,
                                       ...RESPONDENTS.

(BY SHRI N.C.KOLLOORI, ADVOCATE, FOR R.2.)


       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1)OF MOTOR VEHICLES ACT, PRAYING TO MODIFY
THE JUDGMENT AND AWARD DATED 26.08.2019, PASSED IN
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MVC NO.140/2014, ON THE FILE OF THE ADDITIONAL DISTRICT
AND   SESSIONS    JUDGE,    GADAG,      BY    ENHANCING    THE
COMPENSATION, ETC.,.

      THIS    APPEAL   COMING      ON    FOR    HEARING    ON
INTERLOCUTORY APPLICATION THIS DAY, THE COURT PASSED
THE FOLLOWING:



                           ORDER

This appeal has been preferred by the claimant

challenging the judgment and award dated 26.8.2019,

passed by the Addl. District and Sessions Judge, Gadag,

in MVC No.140/2014 seeking enhancement of

compensation.

2. During the pendency of this appeal, the

parties to the proceedings have amicably settled the

dispute before the Lok Adalath in order to buy peace and

bring about a finality to the litigation on hand of the year

2014. Accordingly both the contesting parties along with

their respective advocates have agreed to settle the

matter as per the terms and conditions entered into by

the parties in the joint memo, which is filed before the

Court today. Same is accepted.

3. The claimant has agreed to receive and the

insurance company has agreed to pay a total lump sum

of Rs.1,40,000/- in addition to what has been awarded

by the tribunal, as full and final settlement of the claim.

4. Both the learned counsel who are present

before the Court have agreed to the terms and conditions

of the joint memo which shall be a part of the record.

5. In view of both the parties and their

respective counsel having settled the matter amicably

between themselves and having consented to accept

certain amount which is mentioned in the joint memo, it

would be a futile effort to proceed further in this appeal.

Hence, under these circumstances the present appeal

need not be delved into further.

6. Insurance Company has agreed to deposit the

said amount, excluding the amount, if any already

deposited, before Tribunal within a period of six weeks

from the date of this order. On deposit, the said amount

shall be released in favour of claimant.

7. Appeal stands disposed of in terms of Joint

Memo. Award of Tribunal shall stand modified. Draw up

the award accordingly.

8. The amount in deposit, if any, shall be

transmitted to the concerned tribunal, forthwith.

SD/-

JUDGE

Mrk/-