Jayanagouda S/O Bharamagouda ... vs Shashikumar B S S/O Somanna B
2022 Latest Caselaw 4346 Kant

                           1




       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

               BEFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 12TH DAY OF MARCH, 2022

               CONCILIATORS PRESENT

          THE HON'BLE MR. JUSTICE P.N.DESAI

                         AND

               SHRI J.S.SHETTY, MEMBER

              MFA NO.101200 of 2019(MV)
               LOK ADALAT NO.424/2022

BETWEEN

JAYANAGOUDA
S/O BHARAMAGOUDA HOSAMANI
AGE:49 YEARS,
OCC:AGRICULTURE &
MILK VENDING, NOW NIL
R/O TAVARAGI VILLAGE,
TQ: HIREKERUR,
DIST:HAVERI 581111

                                          ...APPELLANT

(BY SRI.G S HULMANI, ADVOCATE)


AND

1. SHASHIKUMAR B S
                                  2




  S/O SOMANNA B
  AGE:MAJOR, OCC:BUSINESS,
  R/O DOOR NO.337/113,
  I MAIN, 6TH CROSS,
  GANESH LAYOUT,
  DAVANGERE 580027

2. THE DIVISIONAL MANAGER
   ORIENTAL INSURANCE CO LTD
   ENKAY COMPLEX, KESHWAPUR,
   HUBBALLI 580020

                                                  ...RESPONDENTS

(BY SRI.S.V.YAJI, ADV. FOR R2) (R1- NOTICE DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT,

AGAINST THE JUDGMENT AND AWARD DATED 01.09.2018

PASSED IN MVC NO.36/2015 ON THE FILE OF THE SENIOR

CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS

TRIBUNAL, HIREKERUR, PARTLY ALLOWING THE CLAIM

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT

OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE

LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE

FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent No.2-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 No.2-Insurance Company has agreed to

pay a global compensation of Rs.1,50,000/- (Rupees One

lakh fifty 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 No.2-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.

Amount in deposit before this Court, if any, shall be

transmitted to Tribunal forthwith for disbursement.

Sd/-

JUDGE

Sd/-

MEMBER HMB