Sri Ningappa S/O Chandrappa ... vs Sri Gadageppa Goni S/O Murigeppa
2022 Latest Caselaw 4370 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.101295/2021 [MV]
              (LOK ADALAT NO.40/2022)
BETWEEN:

SRI. NINGAPPA,
S/O CHANDRAPPA KAMMAR,
AGE: 42 YEARS,
OCC: CARPENTER WORK,
R/O BUDAPANAHALLI VILLAGE
OF BYADGI TALUK, DIST: HAVERI,
NOW @ GANESH NAGAR,
2 N D CROSS, RANEBENNUR,
DIST: HAVERI.
                                 -    APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1.     SRI GADAGEPPA GONI,
       S/O MURIGEPPA, AGE: 34 YEARS,
       OCC: BUSINESS, R/O HOSARITTI
       VILLAGE OF HAVERI TALUK & DISTRICT,
                              2




      PIN CODE - 581 115 (OWNER OF THE
      VEHICLE TEMPO BEARING REG.
      NO.KA-27-4265)

2.   THE LEGAL CLAIMS MANAGER,
     SHRIRAM GENERAL INSURANCE
     CO. LTD., 1ST FLOOR,
     V.A. KALBURGI HALLMARK,
     BESIDE INDUSIND BANK,
     DESAI CROSS, PINTO ROAD,
     HUBBALLI-580 029
     (INSURER OF THE VEHICLE TEMPO
     BEARING REG.NO. KA-27-4265)
     POLICY NO. 10003/31/18/433502
     POLICY VALID FROM 16.11.2017
     TO 15.11.2018.
                                 -    RESPONDENTS

(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE M.V. ACT AGAINST THE JUDGMENT AND AWARD

DATED 30.07.2021 PASSED IN M.V.C. NO. 559/2019 BY

THE LEARNED PRL. SR. CIVIL JUDGE AND AMACT,

RANEBENNUR & ETC.

THE 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.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 `1,10,000/-

(Rupees one lakh and ten 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.

Sd/-

JUDGE

Sd/-

MEMBER bvv