Suresh S/O.Kallappa Karigar vs Chandrakanth S/O. Balappa ...
2022 Latest Caselaw 4393 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.101445/2020 [MV-I]

              (Lok Adalat No.449/2022)

BETWEEN:

     SURESH S/O.KALLAPPA KARIGAR
     AGE : 45 YEARS,
     OCC : AGRICULTURE AND POULTRY FARM,
     R/O : BETAGERI, TQ : GOKAK,
     DIST : BELAGAVI-591218
                                           ...PETITIONER
(BY SRI.G. R. TURAMARI, ADV. AND
SRI. VINAY S. KOUJALAGI, ADV.)

AND:

1.   CHANDRAKANTH S/O. BALAPPA UPPARATTI
     AGE : MAJOR, OCC : BUSINESS,
     R/O : DR.BHIMASHI JARKIHOLI
     HOSPET GALLI, GOKAK
     DIST : BELAGAVI-591218
     (OWNER OF TEMPO TRAX BEARING NO.KA-49/1735)
                                   2




2.   THE NEW INDIA ASSURANCE CO.LTD.,
     BY ITS DIVISIONAL MANAGER,
     CLUB ROAD,
     DIST : BELAGAVI-590003
     (OWNER OF TEMPO TRAX BEARING NO.KA-49/1735)

                                               ...RESPONDENT'S

(BY SRI. M. K. SOUDAGAR, ADV. FOR R2 R1- DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.08.2014 PASSED IN MVC NO.1344/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, GOKAK, 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.1,25,000/-

(Rupees One Lakh Twenty 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