Uchangeppa M/O Ratnamma vs Adarsh S/O Muddanna Kowti
2022 Latest Caselaw 4392 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.104141/2019 [MV]
            (Lok Adalat No.2284/2021)

BETWEEN:

1.   UCHANGEPPA M/O RATNAMMA
     AGE: 31 YEARS, OCC: NOW NIL (DRIVER)
     R/O 8TH WARD, VINAYAKA NAGAR,
     HARAPANAHALLI
     TQ: HARAPANAHALLI
     NOW @ VAGEESH NAGAR
     3RD CROSS, RANEBENNUR,
     DIST: HAVERI

                                     ... APPELLANT

(BY SRI. CHANDRASHEKHAR M HOSAMANI,
ADVOCATE)
                          2




AND:
1.   ADARSH S/O MUDDANNA KOWTI
     AGE: MAJOR, OCC: BUSINESS,
     R/O 8TH WARD, KOWTI STREET,
     MANGALA PETE,
     HARAPANAHALLI-583131,
     TQ: HARAPANAHALLI
     DIST: DAVANAGERE.
     (OWNER OF THE GOODS VEHICLE BEARING REG.
     NO.KA-17/C-6121)
2.   THE DIVISIONAL MANAGER
     NEW INDIA ASSURANCE CO. LTD.,
     2ND FLOOR,SRINATH COMPLEX,
     NEW COTTON MARKET,
     DESHAPANDE NAGAR,
     HUBBALLI-580029
3.   THE BRANCH MANAGER
     NEW INDIA ASSURANCE CO.LTD.,
     BALAJI COMMERCIAL COMPLEX,
     ASHOK NAGAR,
     RANEBENNUR-581115

                                   ...RESPONDENT'S

(R1 NOTICE DISPENSED WITH BY SRI.M.Y.KATGI, ADVOCATE FOR R2 SRI. S.V.YAJI, ADV. FOR R2 & R3)

MFA IS FILED U/S.30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED:01.08.2019, PASSED IN ECA.NO.23/2017, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMST TRIBUNAL, RANEBENNUR, 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-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.65,000/- (Rupees

Sixty 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

Vmb