Kenga Palaiah S/O Late Gadaiah vs D.B.Thippeswamy S/O Bomaiah
2022 Latest Caselaw 4422 Kant

          H IG H C O U R T L E GA L S E R V IC ES C O MM IT T E E ,
                           D HA R WA D B EN C H
                      BE F OR E T H E L OK A D A LA T H
                IN T H E H IG H C O U R T OF K A R NA TA K A ,
                            D HA R WA D B EN C H
          DA T ED T H IS T H E 1 2 T H DA Y O F MA R C H , 2 0 2 2
                       CO N C IL IA T OR S PR E S E N T:
                 HON'BLE MRS.JUSTICE K.S. HEMALEKHA
                                AND
                SMT. ANURADHA R.DESHAPANDE, M E MB ER
                         M.F .A . N o. 1 0 1 8 2 6 / 2 0 1 9
                        L ok A d al at N o .4 3 3 / 2 0 2 2
BE T W E E N:
1.    K E N GA P A L A IA H S / O . LA T E GA D A IA H ,
      A G E: 5 8 Y E A R S , O C C : A G R ICU LT U IS T ,
      R / O : C H ITA G U N DU V IL LA G E , K U D L G I T Q, BA LL A R I
      D IS T ., P R ES E NT L Y R ES ID IN G A T A LL IP U R A V ILL A G E,
      BA L L A R I TA LU K A ND D IS TR ICT - 5 8 3 1 0 4 .
                                                              ...A P P E L LA N T
(BY SRI.GURUKUMAR V. A, ADVOCATE)
AND:
1.    D. B. THIPPESWAMY S/O. BOMAIAH,
      AGE: 33 YEARS, OCC: DRIVER,
      R/O. MARAMMANAHALLI VILLAGE,
      MOLAKALMURE TALUK.,
      CHITRADURGA DISTRICT-577 535.
2.     SYED JEELANI S/O. LATE SYED NADE ALI,
       AGE:58 YEARS, OCC:BUSINESS,
       R/O. KALAGODU MOHALLA, MOLAKALMUR,
       CHITRADURGE DISTRICT-577 535.
3.     M/S. NEW INDIA ASSURANCE COMPANY LIMITED.,
       BY ITS DIVISIONAL MANAGER, EDIGA HOSTEL COMPLEX,
       BALLARI-583 101.
                                              ....RESPONDENTS

(BY SRI.M. K. SOUDAGAR & G. N. RAICHUR, ADVOCATE FOR R-3) (R-1 AND R-2 NOTICE D/W) THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.06.2018 PASSED IN MVC NO.530/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BALLARI, 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.1,05,000/-

(Rupees One Lakh 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

PJ