Vadde Nagesh Alias Nagesh S/O ... vs Shiva Kumar S Alias Chagleti ...
2022 Latest Caselaw 4375 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 MRS.JUSTICE K.S. HEMALEKHA
                         AND
       SMT. ANURADHA R.DESHAPANDE, MEMBER

            M.F.A.No.101040/2021 [MV]

           (Lok Adalat No.350/2022)

BETWEEN:

     VADDE NAGESH ALIAS NAGESH
     S/O. VADDE SANJEEVAPPA ALIAS DURGAPPA
     SANJEEVAPPA
     AGE. 32 YEARS, OCC. AGRICULTURIST CUM COOLIE,
     R/O. PULAKUNTA VILLAGE, GUMMAGATTA MANDALM,
     ANANTAPUR DISTRICT, PRESENTLY
     R/O. HALKUNDI VILLAGE,
     TQ AND DIST. BALLARI-583101.

                                           ...PETITIONER

(BY SRI. MANJUNATHA G PATIL.,ADVOCATE)

AND:

1.   SHIVA KUMAR C ALIAS CHAGLETI SHIVAKUMAR
     S/O. C VEERAIAH
     AGE. 33 YEARS,
                                   2




      DRIVER OF THE LORRY
      BEARING REG.NO.AP-04/TW-5886,
      R/O. NO.3/83, SC COLONY,
      V. KOTHAPALLI VILLAGE,
      VEMULA MANDAL, YSR KADAPA DISTRICT,
      A.P.-572101.

2.    SUDDAMALLA NAGA SUBBA REDDY
      S/O. S DASTHAGIRI REDDY
      AGE. 48 YEARS,
      OWNER OF THE LORRY
      BEARING REG.NO.AP-04/TW-5886,
      R/O. H. NO.4/866,
      NEW COLONY YERRAGUNTLA,
      YSR KADAPA DISTRICT,
      A.P.-572101.

3.   M/S. NEW INDIA ASSURANCE COMPANY LIMITED
     BY ITS DIVISIONAL MANAGER,
     EDIGA HOSTEL COMPLEX,
     COURT ROAD, BALLARI-583101.
                                        ...RESPONDENTS

(BY SRI. S. S. KOLIWAD, ADV. AND SRI. S. V. YAJI, ADV. FOR R3;

R1 AND 2- NOTICE IS DIPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.06.2021 PASSED IN MVC NO.902/2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XI AND II ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY ALLLWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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-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.1,95,000/-

(Rupees One Lakh Ninety Five 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 SMM