Yamanappa vs Ningappa And Anr
2022 Latest Caselaw 4320 Kant

                            1




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.200617/2021 (MV)
                 Lok Adalat No.188/2022
Between:

Yamanappa S/o Rajappa Ingaleshwar
Age: 53 years, Occ: Teacher
R/o: Hitnalli, Tq & Dist: Vijayapura

                                               ... Appellant
(By Sri Sanganagouda V.Biradar, Advocate)
And:

1.     Ningappa S/o Rayanagondappa
       Goragundagi
       Age: 43 years, Occ: Business
       R/o: Hunashyal, Tq: B. Bagewadi-586 101

2.     The Manager Legal/Claims
       Reliance Insurance Company Limited
       2nd Floor, V.A.Kalburgi Square
       Deshpande Nagar, Desai Cross
       Hubballi-29
                                            ... Respondents

(By Smt. Preeti Patil Melkundi, Advocate for R2; V/o dated 07.09.2021 notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act, praying to allow this appeal and enhance the compensation as claimed in the claim petition by modifying the judgment and award dated 02.12.2019, passed by the III Additional Senior Civil Judge & MACT No.XII, at Vijayapura, in M.V.C No.950/2017.

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.40,000/- (Rupees Forty

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