Marishanthayya S/O Kanthayya ... vs Gesudavara S/O Jairuddin
2022 Latest Caselaw 4367 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.104301/2017 [MV]
             (LOK ADALAT NO.52/2022)
BETWEEN:

MARISHANTHAYYA S/O KANTHAYYA
SWAMY HIREMATH, AGE: 41 YEARS,
OCC: PADDY BUSINESS AND AGRICULTURE,
R/O ACHAR NARASAPUR, GANGAVATHI,
KOPPAL-583 227.
                                  -   APPELLANT
(BY SRI. DEEPAK C. MAGANUR, ADVOCATE)

AND:

1.     GESUDAVARA S/O JAIRUDDIN,
       AGE: 36 YRS, OCC: RADIUM CUTTING WORK
       AND RIDER OF HERO SPLENDOR PRO MOTOR
       CYCLE KA-37/Y-4535, R/O GUNDAMMA CAMP,
       GANGAVATHI, DIST: KOPPAL-583 227.

2.     KUNTEPPA S/O HANUMANTHAPPA,
       AGE: 33 YRS, OCC: OWNER OF HERO HONDA
                           2




     SPLENDOR PRO MOTOR CYCLE KA-37/Y-4535,
     R/O: BASARIHAL, GANGAVATHI TALUKA,
     DIST: KOPPAL-583 227.

3.   THE REGIOAL MANAGER,
     NATIONAL INSURANCE COMPANY LTD,
     REGIONAL OFFICE, HARIHANTA PLAZA,
     II ND FLOOR, KUSUGAL ROAD,
     HUBBALLI-DHARWAD-580 023.
                                   - RESPONDENTS

(BY SRI. S.V. YAJI, ADVOCATE FOR R3, NOTICE TO R1 IS DISPENSED WITH, NOTICE TO R2 IS SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE

JUDGMENT AND AWARD DATED 19.08.2017 PASSED IN

M.V.C. NO. 3/2016 ON THE FILE OF THE SENIOR CIVIL

JUDGE AND MEMBER, MACT, GANGAVATHI & ETC.

THIS MISCELLANEOUS FIRST 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 No.3-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 `80,000/- (Rupees

Eighty 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

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