Chikka Dasappa Golla Dasanna ... vs H Nissar Khan S/O H Yakur Khan
2022 Latest Caselaw 4290 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.101041/2021 [MV]

            (Lok Adalat No.352/2022)

BETWEEN:

     CHIKKA DASAPPA @ GOLLA DASANNA
     GOLLA AKULA DASAPPA
     S/O. GOLLA NARASAPPA @ NARASAPPA
     AGE. 56 YEARS, OCC. LEAF BUSINESS AND COOLIE,
     R/O. VADANAKALLU VILLAGE, PAVAGADA TALUK,
     LINGADAHALLI(P), TUMKUR DIST.,
     NOW R/O. ANDHRAL VILLAGE,
     BALLARI TQ. AND DIST. 583101.

                                              ...APPELLANT

(BY SRI. M. G. PATIL, ADVOCATE)


AND:

1.   H NISSAR KHAN S/O H YAKUB KHAN
     AGE. 43 YEARS,
                                  2




     DRIVER OF THE TATA SUMO
     BEARING REG. NO.AP-02/TV-1809,
     R/O. D. NO. 12/72, SAI NAGAR,
     1ST CROSS, ANANTAPUR, A.P,
     NOW R/O. 1-3-124,
     HINDUPUR 515201.A.P.


2.   KHADAR VALI KASALA ALIAS KASALA KHADER VALI
     S/O. K SHAKIR SAHEB
     AGE. 43 YEARS,
     OWNER OF THE TATA SUMO
     BEARING REG. NO.AP-2/TV-1809,
     R/O. 1ST CROSS, SAI NAGAR,
     ANANTAPUR, A.P. - 510001.

3.   THE NEW INDIA ASSURANCE COMPANY LIMITED
     BY ITS DIVISIONAL MANAGER,
     EDIGA HOSTEL COMPLEX,
     COURT ROAD, BALLARI 583101.
                                        ...RESPONDENTS

(BY SRI. N. R. KUPPELUR, ADV. AND SRI. M. K. SOUDAGAR, ADV. FOR R3; R1 AND 2- DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.04.2021 PASSED IN MVC NO.1084/2018 ON THE FILE OF THE 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 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.80,000/- (Rupees

Eighty 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 SMM