Shri.Mahantesh S/O. Yallappa ... vs Shri.Lakshmappa S/O Badappa ...
2022 Latest Caselaw 4401 Kant

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       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

                BEFORE THE LOK ADALAT

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 12TH DAY OF MARCH, 2022

                CONCILIATORS PRESENT

          THE HON'BLE MR. JUSTICE P.N.DESAI

                          AND

               SHRI J.S.SHETTY, MEMBER

                MFA NO.101140 OF 2020
               LOK ADALAT NO.417/2022
BETWEEN

SHRI.MAHANTESH
S/O. YALLAPPA KUMARI,
AGE:38 YEARS,
OCC: AGRICULTURE (NOW NIL),
R/O: MASTMARADI
TQ: BAILHONGAL,
DIST: BELAGAVI-591121
NOW RESIDINGA AT, HIRENANDI,
TQ: GOKAK, DIST: BELAGAVI

                                         ...APPELLANT

(BY SRI.H.D. PATIL, ADVOCATE)

AND

1. SHRI.LAKSHMAPPA
S/O BADAPPA DANDAPUR
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AGE:MAJOR, OCC:BUSINESS
R/O: H.NO.290, A/P: MASTMARADI,
PO: GAJIMINHAL, TQ: BAILHONGAL,
DIST: BELAGAVI-591121

2. THE DIVISIONAL MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
HAVING ITS DIVISIONAL OFFICVE AT,
MADIWALE ARCADE, 1ST FLOOR,
HASMI MANZIL, CLUB ROAD,
BELAGAVI-590001

                                           ..RESPONDENTS

(BY SRI.R.R.MANE, ADV. & SRI.M.K.SOUDAGAR, ADV.FOR R2)

(NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES

ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED

11.12.2019 PASSED IN MVC NO.2046/2018 ON THE FILE OF

THE IV ADDITIONAL DISTRICT JUDGE AND MEMBER, MOTOR

ACCIDENT CLAIMS TRIBUNAL-V, BELAGAVI, PARTLY ALLOWING

THE CLAIM PETITION FOR COMPENSATION AND SEEKING

ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE

LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE

FOLLOWING CONCILIATION ORDER IS PASSED:

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 No.2-Insurance Company has agreed to

pay a global compensation of Rs.2,69,000/- (Rupees Two

lakhs sixty nine 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.

6. Amount in deposit before this Court, if any, shall

be transmitted to Tribunal forthwith for disbursement.

Sd/-

JUDGE

Sd/-

MEMBER HMB