Sri. Siddappa B.T. S/O Badudda ... vs Manjunatha G.S. S/O Siddeshappa
2022 Latest Caselaw 4287 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 MRS.JUSTICE K.S. HEMALEKHA
                             AND
       SMT. ANURADHA R.DESHAPANDE, MEMBER

             M.F.A.No.101312/2021 [MV]

           (Lok Adalat No.354/2022)

BETWEEN:

1.   SRI. SIDDAPPA B.T.
     S/O. BADUDDA THIPPAYYA
     AGE: 66 YEARS, OCC: NIL.

2.   SMT. SHANTHAMMA W/O. B.T. SIDDAPPA
     AGE: 56 YEARS, OCC: HOME MAKER

     BOTH ARE R/O. KONDLAHALLI VILLAGE,
     TQ. MOLAKALMURU, DIST. CHITRADURGA,
     PRESENTLY RESIDING AT BALLARI-583101.
                                             ...APPELLANTS

(BY SMT. HANUMANTHAREDDY SAHUKAR, ADVOCATE)

AND:

1.   SRI. MANJUNATHA G. S.
     S/O. SIDDESHAPPA
                                  2




     AGE: 32 YEARS, OCC: DRIVER CUM OWNER OF
     LORRY REG. NO.KA-16/D-5308,
     R/O. NO.59, NEAR ANJENEYA DEVASTHANAM,
     KANAKUPPE VILLAGE, POST. THAMMENAHALLI,
     TQ. MALAKAMURU,
     DIST. CHITRADURGA-577501.

2.   THE DIVISIONAL MANAGER
     NEW INDIA ASSURANCE CO. LTD.,
     EDIGA HOSTEL COMPLEX,
     BALLARI-583101.
                                                  ...RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV. AND SMT. VEENA HEGDE, ADV. FOR R2;

R1- DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.04.2021 PASSED IN MVC NO.447/2020 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, 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 Companies

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.9,30,000/-

(Rupees Nine Lakh Thirty 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 order of apportionment and deposit ordered

by the Tribunal shall hold good for the compensation

awarded in this appeal.

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

S MM