Prakash vs Annappa S/O Mallappa Kullolli ...
2022 Latest Caselaw 4294 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.200614/2022 (MV)
               LOK ADALAT NO.171/2022
BETWEEN:

PRAKASH S/O ASHOK SHIRAHATTI
AGE: 30 YEARS OCC: AGRICULTURE
R/O: HALASANGI TQ: INDI
DIST: VIJAYAPURA-586 207.
                                        ... APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND:

01.    ANNAPPA S/O MALLAPPA KULLOLLI (DEAD)
       SINCE HIS LEGAL HEIR

01A. BHIMAPPA S/O ANNAPPA KULLOLLI
     AGE: MAJOR OCC: BUSINESS
     R/O: MALABAD TQ: ATHANI
     DIST: BELGAUM-591 304.
                           2




02.   THE BRANCH MANAGER
      NATIONAL INSURANCE CO. LTD.,
      IST FLOOR, HERALAGI BUILDING
      BEHIND SIDDESHWAR TEMPLE
      VIJAYAPURA-586 101.

                                     ... 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 ALLOW THIS APPEAL AND ENHANCE

THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION

BY MODIFYING THE JUDGMENT AND AWARD DATED

03.02.2021 PASSED BY THE COURT OF I ADDITIONAL

SENIOR CIVIL JUDGE AND MEMBER, MACT-VI, AT

VIJAYAPURA IN MVC.NO.1442/2016.

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. The learned counsel Sri. Manvendra Reddy, is

directed to accept notice for the respondent No.2.

4. On negotiations, the claimant and the insurer

have settled the matter for lump-sum compensation of

Rs.1,35,000/- (Rupees One Lakh Thirty Five 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.

5. 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.

6. The amount settled shall be released to the

appellant - claimant with proper identification of the

appellant - claimant.

7. 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