Sri. Kamalappa S/O Borappa ... vs Sri. Ashok K. Hagedal
2022 Latest Caselaw 4465 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.102794/2016 [MV]

           (Lok Adalat No.344/2022)

BETWEEN:

     SRI. KAMALAPPA S/O BORAPPA BORAVVAGOL
     AGE:24 YEARS, OCC:SHEPHERD,
     NOW NIL,
     R/O RUSTUMPUR,
     TQ:HUKKERI-591309,
     DIST:BELAGAVI.

                                             ...PETITIONER

(BY SRI. SMT GEETHA K M @ PAWAR, ADVOCATE)

AND:

1.   SRI. ASHOK K. HAGEDAL,
     AGE:MAJOR,
     OCC:SHEPHERD,
     NOW NIL,
     R/O BAGARNAL,
                                  2




     KARAGUPPI-591122,
     TQ:HUKKERI,
     DIST:BELAGAVI.
     (OWNER OF HONDA MOTOR CYCLE BEARING REG.NO.KA-
     49K-7249).

2.   THE NEW INDIA ASSURANCE COMPANY LTD.,
     REP. BY THE SENIOR DIVISIONAL MANAGER,
     BELAGAVI D.O.
     II FLOOR,
     MUDLAGI BUILDING,
     CLUB ROAD,
     BELAGAVI-590002,
     (INSURER OF HONDA MOTOR CYCLE BEARING
     REG.NO.KA-49-K-7249)
     POLICY NO.6804003114010000946, VALID FROM
     12.06.2014 TO 11.06.2016).

                                                  ...RESPONDENT'S

(BY SRI. N. R. KUPPELUR, ADV. FOR R2; R1- DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.07.2016 PASSED IN MVC NO.818/2015 ON THE FILE OF THE X ADDITIONAL DITRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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 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.1,45,000/-

(Rupees One Lakh Forty 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 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.

Sd/-

JUDGE

Sd/-

MEMBER

S MM