Sannameer S/O Sabanna Matnolli vs Babu Nayak And Anr
2022 Latest Caselaw 4316 Kant

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
              BEFORE THE LOK-ADALAT
            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

        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.200875/2021 (MV)
                  Lok Adalat No.182/2022
Between:

Sannameer S/o Sabanna Matnolli
Age: 22 years, Occ: Coolie
R/o: Hattikuni, Tq & Dist: Yadgir
                                                ... Appellant
(By Sri Amareshwar S.Rawoor, Advocate)
And:
1.     Babu Nayak S/o Ramlu Nayak
       Age: 48 years, Occ: Owner of the Lorry
       Bearing Registration No.KA-02/C-5724
       R/o: H.No.1/10, Kadlapur, Tq: Sedam
       Dist: Kalaburagi-737 128


2.     Sri Ram General Insurance Co., Ltd.,
       The Divisional Manager
       No.3/5, S.V. Archade-3rd Floor
       Benakanalli Office, Bannerughatta road
       I.I.M Post, Bangalore-560 076
                                            ... Respondents

(By Sri Sudharshan M, Advocate for R2; V/o dated 31.08.2021 notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act, praying to set aside the judgment and award passed by the Court of the Senior Civil Judge and M.A.C.T-II, Yadgir, At: Yadgir in M.V.C No. of 10/2018 dated 27.01.2021 by modifying the impugned order and to allow the claim petition by granting the relief as prayed for by the appellant.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

The learned counsel for the appellant/claimant 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.1,45,000/- (Rupees One Lakh

Forty Five 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. Entire enhanced 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 swk