Adavayya vs Ningappa And Anr
2022 Latest Caselaw 4356 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.200616/2022 (MV)
                  Lok Adalat No.203/2022
Between:

Adavayya S/o Danayya Vankihal
@ Vankihalmath
Age:59 years, Occ: Agriculture
R/o: Chandkavate, Tq: Sindagi
District: Vijayapura-586 101
                                            ... Appellant

(By Sri Sanganabasava B. Patil, Advocate)


And:

1.     Ningappa S/o Yallappa Gunnapur
       Aged about 44 years, Occ: Business
       R/o: Ward No.21, House No.1205
       Ibrahimpur, Vijayapura-586 101

2.     The Branch Manager
       ICICI General Insurance Co., Ltd.
       A.K. Asain Grand, 3rd Floor
       Near Mini Vidhan Souda
                               2




      Opp: GESCOM Head Office
      Station Road, Gulbarga
                                                ... Respondents

(Sri Manjunath Mallayya Shetty, Advocate for R2; V/o dated 12.03.2022, notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act, praying to modify the judgment and award passed by the Court of the III Additional Senior Civil Judge & MACT No.XII, Vijayapura at Vijayapura in M.V.C.No.814/2018 dated 22.09.2021 and allow the claim petition by granting the relief as prayed for by the appellant.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

Delay condoned.

2. In view of the submission made by the learned

counsel for the appellant, notice to respondent No.1 is

dispensed with, at the risk of the appellant.

3. The learned counsel for the appellant/claimant

and the representative of Respondent-Insurance Company

along with its counsel are present.

4. 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.1,40,000/- (Rupees One Lakh

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.

5. Entire amount shall be released in favour of

the claimant.

6. 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.

7. 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.

8. Learned counsel Sri Manjunath Mallayya Shetty

is permitted to file Vakalath for respondent

No.2/Insurance Company within two weeks.

Sd/-

JUDGE

Sd/-

MEMBER

RSP