Siddappa @ Siddayya S/O ... vs Ramu Alias Rama S/O N Swamy
2022 Latest Caselaw 4447 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.104326/2018 (MV-DB)
               LOK ADALAT NO.461/2022

BETWEEN

SIDDAPPA @ SIDDAYYA
S/O SIDDAREDDY @ SIDDAIAH
AGED ABOUT 33 YEARS,
OCC:EX LORRY DRIVER,
R/O DODDA ANTHAPURA VILLAGE,
SANDUR TALUK
BALLARI DISTRICT- 583101.

                                       ...APPELLANT

(BY SRI. Y. LAKSHMIKANT REDDY, ADV.)

AND

1.    RAMU ALIAS RAMA S/O N SWAMY
      AGED ABOUT 33 YEARS,
      DRIVER OF THE LORRY BEARING REGN NO
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     AK-34/A-5191,
     R/O DODDA ANTHPUR VILLAGE,
     SNADUR TALUK,
     BALLARI DISTRICT-583101.

2.   M/S J. J. ASSOCIATES BY ITS MANAGER
     OWNER OF THE LORY BEARING
     REGN NO KA-35/A-1591,
     R/O # 104/22/8, MOKA ROAD,
     NEAR GANDHINAGAR MARKET,
     BALLARI, BALLARI DISTRICT-583101.

3.   THE M/S HDF ERGO GENERAL INSURANCE
     COMPANY LIMITED
     BY ITS MANAGER, CORPORATE OFFICE,
     6TH FLOOR, LEELA BUSINESS PARK,
     ANDHRA KURLA ROAD,
     ANDHERI (E), MUMBAI 400059
     BEARING POLICY NO 2315 2006 4890 1100000
     VALID FROM 30.12.2013 TO 29.12.2014.

                                    ...RESPONDENTS

(BY SRI. S. K. KAYAKAMATH, ADV. FOR R3;

R1 AND R2 DISPENDSED WITH)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 15.09.2018 PASSED IN MVC NO.781/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, KUDLIGI, SITTING AT SANDUR, BY ENHANCING THE COMPENATION AND AWARDING A TOTAL COMPENSATION OF RS.20,25,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY.

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.3-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.3-Insurance Company has agreed to

pay a global compensation of Rs.1,00,000/- (Rupees One

Lakh 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 entire amount shall be released in favour of

the claimant.

4. The Respondent No.3-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

RH