Smt Kenchava W/O Siddappa ... vs Shri Yellappa S/O Yallappa ...
2022 Latest Caselaw 4394 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.100433/2021 [MV]
              (Lok Adalat No.2181/2021)

BETWEEN:

SMT. KENCHAVA
W/O SIDDAPPA DEGANATTI,
AGE: 63 YEARS,
OCC: MILK VENDING, NOW NIL,
R/O: BENACHINAMARADI, TQ: GOKAK,
DIST: BELAGAVI-593107.
                              ...APPELLANT

(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)

AND:

1.     SHRI YALLAPPA S/O YALLAPPA KARIAPPAGOL,
       AGE: 26 YEARS, OCC: COOLIE,
       R/O: BENACHINAMARADI, TQ: GOKAK,
       DIST: BELAGAVI-593107.
                            2




2.   THE NATINOAL INSURANCE COMPANY LIMITED,
     BY ITS SR. DIVISIONAL MANAGER,
     OPP: RANGE FOREST OFFICE,
     BUS STAND ROAD, GOKAK,
     TQ: GOKAK,
     DIST: BELAGAVI-593107.
                                    ....RESPONDENTS

(BY SMT. PREETI SHANSHANK, ADVOCATE FOR R2; R1 NOTICE DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE

COURT TO SET ASIDE THE JUDGMENT AND AWARD

PASSED BY THE LEARNED XII ADDITIONAL DISTRICT AND

SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK IN MVC

No.1371/2018 DATED 28.01.2021 AND AWARD THE

COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION

BY ALLOWING THIS APPEAL, IN THE INTEREST OF

JUSTICE AND EQUITY.

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.1,15,000/-

(Rupees One Lakh Fifteen 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

AC