Basavannevva W/O Nagappa ... vs Anil S/O Babanna Vaddar
2022 Latest Caselaw 4381 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.100531/2022 [MV]
                (LOK ADALAT NO. 39/2022)
BETWEEN:

BASAVANNEVVA W /O NAGA PPA GUDD ANNANAVAR,
AGE: 64 YEARS , OCC: COOLIE WORK S,
R/O HARA LAYYANAGAR, TQ: RANEBENNUR,
DIST: HAVERI.
                                          -    APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1.     ANIL S/O BABANNA VADDAR,
       AGE: 48 YEARS, OCC: BUSINESS,
       R/O GUDI HONNATTI VILLAGE, TQ: RANEBENUR,
       DIST: HAVERI-581 115 (OWNER OF THE PASSENGER
       TEMPO BEARING NO. KA-20/6729).

2.     SHRI RAM GENERAL INSURANCE CO. LTD.,
       V.A. KALBURGI HALLMARK BUILDING, DESAI CROSS,
       PINTO ROAD, HUBBALLI-580 029 (INSURER OF THE
       PASSENGER TEMPO BEARING NO.KA-20/6729-POLICY
       NO.10003/31/16/101702 VALID FROM 12.06.2015 TO
       11.06.2016)
                                2




                                          -        RESPONDENTS

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

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 05.09.2020 PASSED IN M.V.C. NO. 635/2017 ON THE FILE OF THE III ADDL. SR. CIVIL JUDGE AND AMACT, RANEBENNUR & 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.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-Insurance Company has agreed to pay a global

compensation of `50,000/- (Rupees Fifty 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