Shankarappa S/O Bassappa vs Sanna Sabanna And Anr
2022 Latest Caselaw 4318 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.200836/2021 (MV)

                Lok Adalat No.164/2022

BETWEEN:

SHANKARAPPA S/O BASSAPPA
AGE: 33 YEARS OCC: COOLIE (NOW NIL)
RESIDENT OF KATAGISHAHAPUR VILLAGE
TQ: & DIST: YADGIR-585 201.
                                         ... APPELLANT

(BY SRI. AMARESHWAR S. RAWOOR, ADVOCATE)

AND:


01.    SANNA SABANNA S/O DYAVAPPA
       AGE: 41 YEARS OCC: OWNER OF THE AUTO
       R/O: KATAGISHAHAPUR
       TQ & DIST: YADGIR-585 201.
                                  2




02.   THE DIVISIONAL MANAGER
      NATIONAL INSURANCE COMPANY LTD.,
      BELAGUNDI COMPLEX
      OPP: MINI VIDHAN SOUDHA
      SUPER MARKET, KALBURGI - 585 101.

                                              ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SMT.PREETI PATIL MELKUNDI, ADV., FOR R2)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MV

ACT, PRAYING TO CALL FOR THE RECORDS AND SET-

ASIDE THE JUDGMENT AND AWARD PASSED BY THE

COURT OF THE SENIOR CIVIL JUDGE AND MACT-II

YADGIRI AT YADGIRI IN MVC.NO.66/2019 DATED

02.01.2020 BY MODIFYING THE IMPUGNED ORDER AND

BE PLEASED 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

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. On negotiations, the claimant and the insurer

have settled the matter for lump-sum compensation of

Rs.1,00,000/- (Rupees One Lakh 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.

3. 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.

4. The amount settled shall be released to the

appellant - claimant with proper identification of the

appellant - claimant.

5. 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