G Veeresh vs Tippanna
2022 Latest Caselaw 4377 Kant

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       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

               BEFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 12TH DAY OF MARCH, 2022

               CONCILIATORS PRESENT

          THE HON'BLE MR. JUSTICE P.N.DESAI

                         AND

              SHRI J.S.SHETTY, MEMBER

               MFA NO.100086 OF 2021
              LOK ADALAT NO.406/2022
BETWEEN

G. VEERESH
S/O J.PRAHALLADA GOLLARA
AGED. 25 YEARS, OCC. DRIVER,
R/O. STATION ROAD,
HOSPET, BALALRI DISTRICT.

                                         ...APPELLANT
(BY SRI. B S SANGATI, ADVOCATE)

AND

1. TIPPANNA M.
S/O. SAKRAPPA
AGE. 40, OWNER OF THE SWIFT
CAR BEARING REG. NO. KA-37/M-3862,
R/O. NEW BANDI HARLAPUR VILLAGE,
KOPPAL TALUK AND DISTRICT.
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2. THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
D.O. PARVATHI NAGAR,
BALLARI.

                                        ...RESPONDENTS

(BY SRI.M.K.SOUDAGAR, ADV. FOR R2)

(NOTICE TO R1 -SERVED)

THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES

COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND

AWARD DATED 24.07.2020, PASSED IN ECA.NO.5/2019, ON

THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND

CHIEF JUDICIAL MAGISTRATE AND MEMBER, MOTOR

ACCIDENT CLAIMS TRIBUNAL-III, BALLARI, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE

LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE

FOLLOWING CONCILIATION ORDER IS PASSED:

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 Rs.3,00,000/- (Rupees Three

lakhs 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.

6. Amount in deposit before this Court, if any, shall

be transmitted to Tribunal forthwith for disbursement.

Sd/-

JUDGE

Sd/-

MEMBER

HMB