Siddappa vs Kashinath And Anr
2022 Latest Caselaw 4349 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.201911/2018 (MV)
                  Lok Adalat No.745/2018
Between:
Siddappa S/o Marthandappa
Age: 34 years, Occ: Electrician
Now Nil, R/o: Kurikota
Tq & Dist: Kalaburagi

                                                 ... Appellant
(By Smt. Sharada Patil Kulgeri, Advocate)

And:

1.     Kashinath S/o Yogayya Swamy
       Age: 42 years, Occ: Owner of Vehicle
       R/o: H.No.162, Chandapur Khuba
       College road, Basavakalyan
       Dist: Bidar-585 401

2.     The Manager,
       Reliance General Insurance Co. Ltd.,
       Station Main Road, Near S.B.Patil
       Petrol Pump Kalaburagi-585 101
                                              ... Respondents

(By Smt. Preeti Patil Melkundi, Advocate for R2; V/o dated 05.12.2018 notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act, praying to allow the appeal and consequently to modify the judgment and award passed by II Addl. Senior Civil Judge & MACT Kalaburagi in MVC No.247/2016 Dated 02.03.2018 and consequently to enhance the compensation suitably.

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.60,000/- (Rupees Sixty

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