Ashok S/O Sangappa Bali vs Hanamanthraya And Anr
2022 Latest Caselaw 4341 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.202093/2019 (MV)
                  Lok Adalat No.375/2022
Between:

Ashok S/o Sangappa Bail
Age: 35 years,
Occ: Business & Agriculture
Now: Nil
R/o Kembhavi, Tq. Shorapur
Dist. Yadagiri
                                                ... Appellant
(By Sri Krupa Sagar Patil, Advocate)

And:

1.     Hanamanthraya S/o Irappa Uppar
       Age: 36 years,
       Occ: Business & Owner of Vehicle
       R/o Sindagi Road, Yogapur Colony
       Vijayapur-586101

2.     IFFCO Tokio General Insurance Co. Ltd.
       Through its Branch Manager
       G-1, G-2, G12, & G13, Asian Arcade
                                2




      Near Anand Hotel, S.B. Temple Road
      Kalaburagi-585103
                                            ... Respondents

(By Smt. Preeti Patil Melkundi, Advocate for R2; Notice to R1 dispensed with v/o dated 23.02.2021)

This Miscellaneous First Appeal is filed under Section 173(1) of the M.V.Act, praying to modify the judgment and award dated 30.03.2019 passed by the Senior Civil Judge & Addl. MACT, Shorapur, in file bearing MVC No.205/2018 and allow the claim petition as prayed for.

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.3,00,000/- (Rupees Three Lakh

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