Sri.Holalappa S/O Puttappa ... vs Manjunath S/O Devendragouda ...
2022 Latest Caselaw 4325 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 MR.JUSTICE S. SUNIL DUTT YADAV
                         AND
            SRI.S.S. BADAWADAGI, MEMBER

              M.F.A.No.102602/2019 [MV]
                  (Lok Adalat No.2245/2021)

BETWEEN:

1.   SRI. HOLALAPPA S/O PUTTAPPA
     GUNDENAHALLI, AGE:47 YEARS,
     OCC:HAMALA, NOW AT NIL,
     AT HOSALLI, TQ:DIST:HAVERI-581110.
                                      ...APPELLANT
(BY SRI. PRASHANT V MOGALI, ADVOCATE)

AND:

1.     MANJUNATH S/O DEVENDRAGOUDA
       CHANAVEERAGOUDA, AGE:25 YEARS,
       OCC:BUSINESS, OWNER OF BIKE
       BEARING ITS REG.NO.KA-27/EE 6386
       R/O BASAVESHWAR NAGAR, A BLOCK,
       17TH CROSS, HAVERI-581110.

2.     THE AUTHORISED SIGNATORY
       NATIONAL INSURANCE CO. LTD.,
       NEAR KSRTC BUS STAND, HAVERI-581110.
                             2




                                        ....RESPONDENTS

(BY SRI.RAJESH B RAJNAL & A.G. JADHAV, ADVS. FOR R2) (R1-SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING THIS HON'BLE COURT TO SET-ASIDE JUDGMENT AND AWARD PASSED BY ADDL. SENIOR CIVIL JUDGE AND MEMBER, MACT, HAVERI IN MVC NO.292/2016 DATED 21.3.2018 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITTY.

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.2,10,000/- (Rupees Two Lakh

Ten 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

JTR