Ishwar S/O Saibanna Walikar vs Pampapati And Anr
2022 Latest Caselaw 4276 Kant

      IN THE HIGH COURT LEGAL SERVICES COMMITTEE,

      HIGH COURT OF KARNATAKA, KALABURAGI BENCH,

                BEFORE THE LOK-ADALAT

         DATED THIS THE 12TH DAY OF MARCH, 2022

                 CONCILIATORS PRESENT

         THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                          AND

                 SRI A. M. PATIL, MEMBER

               M.F.A.No.201365/2019 (MV)

                 Lok Adalat No.152/2022

BETWEEN:

ISHWAR S/O SAIBANNA WALIKAR
AGE: 41 YEARS OCC; CABLE OPERATOR AND
AGRICULTURE
R/O: H.NO.2/162, SASARGAON
TQ: CHINCHOLI KALABURAGI-585 307.
                                    ... APPELLANT

(BY SRI. BHEEMARAYA M.N., ADVOCATE)

AND:

01.    PAMPAPATI S/O BHIMARAYA
       AGE: 36 YEARS OCC: OWNER-CUM-DRIVER
       OF VEHICLE BEARING REG.NO.KA-32-A-6210.
       R/O: KOTNOOR (D),
       TQ & DIST: KALABURAGI - 585 107.
                           2




02.   THE NATIONAL INSURANCE COMPANY LTD.,
      THROUGH ITS DIVISIONAL OFFICE BY THE
      DIVISIONAL MANAGER,
      IST FLOOR, BILGUNDI COMPLEX,
      OPP: MINI VISHAN SOUDHA
      MAIN ROAD, KALABURAGI - 585 102.

                                     ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SRI. MANVENDRA REDDY, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MV

ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD

DATED 02.08.2012 PASSED IN MVC.NO.382/2011 ON THE

FILE OF THE COURT OF THE III ADDITIONAL SENIOR

CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,

KALABURAGI AT KALABURAGI AND ALLOW THIS APPEAL

TO GRANT THE COMPENSATION AMOUNT BY

RS.9,48,200/- ONLY AS CLAIMED BY THE APPELLANT

BEFORE THIS COURT AND ETC.,

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER

CAME TO BE PASSED:

CONCILIATION ORDER

Learned counsel for the appellant and the

representative of Respondent - Insurance Company along

with its counsel are present.

2. The learned counsel for the appellant submits

that notice to respondent No.1 may be dispensed with. The

said submission is placed on record and notice to

respondent No.1 is dispensed with at the risk of the

appellant.

3. I.A.no.1/2019 is filed by the appellant seeking

condonatin of delay of 2446 days in filing the appeal.

4. The learned counsel for the respondent No.2 -

insurance company has opposed to condone the delay.

5. Accepting the grounds urged in the affidavit

accompanying the application, the delay of 2446 days in

filing the appeal is condoned., subject to condition that the

appellant is not entitled for the interest on the enhanced

compensation, for the delayed period. Hence,

I.A.No.1/2019 is allowed.

6. The learned counsel Sri. Manvendra Reddy, is

directed to accept notice for the respondent No.2.

7. On negotiations, the claimant and the insurer

have settled the matter for lump-sum compensation of

Rs.40,000/- (Rupees Forty Thousand Only), in addition to

the compensation awarded by the Tribunal, in full and final

settlement of the claim of the claimant. A Joint Memo is

filed on behalf of the parties to that effect. The same is

recorded.

8. The insurer has agreed to deposit the said

amount before the Tribunal within six weeks from the date

of drawing of the 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.

9. The amount settled shall be released to the

appellant - claimant with proper identification of the

appellant - claimant.

10. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The award of the Tribunal

stands modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER KJJ