Shri. Praveen S/O. Yallappa ... vs Sri. Ramesh S/O. Balappa Patil
2022 Latest Caselaw 4286 Kant

     HIGH COURT LEGAL SERVICES COMMITTEE,
               DHARWAD BENCH

              BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

     DATED THIS THE 12 T H DAY OF MARCH, 2022

              CONCILIATORS PRESENT:

     HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                            AND
           SRI.S.S. BADAWADAGI, MEMBER

             M.F.A.No.101752/2021 [MV]
                  (Lok Adalat No.26/2022)

BETWEEN:

SHRI. PRAVEEN
S/O YALLAPPA MARAPUR,
AGE: 21 YEARS,
OCC: AGRICULTURE, COOLIE, NOW NILL,
R/O: KAMALADINNI,
TQ: MUDALAGI,
DIST: BELAGAVI-593107.
                                 ...APPELLANT

(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)

AND:

1.     SRI. RAMESH
       S/O BALAPPA PATIL,
       AGE: 38 YEARS,
       OCC: AGRICULTURE,
                          2




     R/O: PATAGUNDI,
     TQ: MUDALAGI
     DIST: BELAGAVI - 593107.

2.   THE NATIONAL INSURANCE COMPANY LIMITED,
     BY ITS SENIOR DIVISIONAL MANAGER,
     OPP: RANGE FOREST OFFICE,
     BUS STAND ROAD, GOKAK,
     DIST: BELAGAVI-593107.
                                   ....RESPONDENTS

(BY SRI.S.K.KAYAKAMATH, ADVOCATE FOR R2)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE MOTOR VEHICLES ACT, 1988 PRAYING TO SET ASIDE

THE JUDGMENT AND AWARD IN SO FAR AS NEGLIGENCE

ASPECT IS CONCERNED PASSED BY THE LEARNED PRL.

SENIOR CIVIL JUDGE AND M.A.C.T, GOKAK IN MVC

No.2615/2018 DATED 14.08.2019 BY ENHANCING THE

COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION

BY ALLOWING THIS APPEAL, IN THE INTEREST OF

JUSTICE AND EQUITY.

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.1,50,000/-

(Rupees One Lakh Fifty 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 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

AC