Shri. Ramesh @ Ramappa S/O. ... vs Shri. Basavaraj S/O. Siddappa ...
2022 Latest Caselaw 4382 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.100621/2021 [MV]

           (Lok Adalat No.351/22)

BETWEEN:

     SHRI. RAMESH @ RAMAPPA
     S/O. GOVINDAPPA MALLUR
     AGE. 43 YEARS, OCC. AGRICULTURE (NOW NIL),
     R/O. HOSKOTI, TK. MUDHOL-587313,
     DIST. BAGALKOT.

                                            ...PETITIONER

(BY SRI. MADANMOHAN M KHANNUR, ADVOCATE)


AND:

1.   SHRI. BASAVARAJ
     S/O. SIDDAPPA SALAKKI
     AGE. 43 YEARS, OCC. BUSINESS,
     R/O. 85 SHETTAR LAYOUTS,
     KUMARVYAS NAGAR ROAD,
                                  2




     VIDYA NAGAR, HUBBALLI-580025
     TQ. HUBBALLI, DIST. DHARWAD.

2.   SHRI. NINGAPPA
     S/O. MURAGEPPA NAYAK
     AGE. 48 YEARS, OCC. BUSINESS,
     R/O. AT: SALAPUR-SALAHALLI,
     TQ. RAMADURG-591123,
     DIST. DHARWAD.

3.   THE DIVISIONAL MANAGER
     THE NEW INDIA ASSURANCE COMPANY LTD.,
     'MUDALAGI BUILDING', II FLOOR,
     CLUB ROAD, BELAGAVI-590001,
     DIST. BELAGAVI.

4.   SOUTH INDIA CORPORATION LIMITED
     1416, 8TH CROSS STREET,
     1ST AND 3RD BLOCK,
     EAST-JAYANAGAR, BENGALURU,
     AT BENGALURU-560014,
     DIST. BENGALURU.

5.   THE BRANCH MANAGER
     ORIENTAL INSURANCE COMPANY LTD.,
     I FLOOR, MERCHANT'S BANK BUILDING,
     S.R. CIRCLE, BAILHONGAL-591102,
     TQ. BAILHONGAL, DIST. BELAGAVI.
                                                  ...RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV. FOR R3; SRI. R. R. MANE, ADV. FOR R5 R1, 2 AND 4 - DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.01.2020 PASSED IN MVC NO.2058/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL, PARTLY ALLOWING 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 No.3 and 5-Insurance

Companies along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant-claimant has agreed to receive

and the Respondent Nos.3 and 5-Insurance

Companies has agreed to pay a global compensation

of Rs.75,000/- (Rupees Seventy 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 No.3 and 5-Insurance

Companies 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

S MM