Durgavva @ Duragamma W/O. ... vs Kalakappa S/O. Mallappa Parsapur
2022 Latest Caselaw 4479 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.22550 OF 2012(MFA)
                LOK ADALAT NO.423/2022
BETWEEN

DURGAVVA @ DURAGAMMA
W/O. DURGAPPA CHALAWADI
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. DATNAL,
TQ: NAVALGUND,
DIST: DHARWAD.

                                            ...APPELLANT

(BY SRI.S.S.BADAWADAGI, ADVOCATE)

AND

1. KALAKAPPA
S/O. MALLAPPA PARASAPUR
AGE: 23 YEARS, OCC: DRIVER,
R/O. NADUMINIAL,
TQ: KUSTAGI, DIST: KOPPAL.

(DRIVER OF TATA ACE BEARING
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REGISTRATION NO.KA.26/6276)

2. HANUMANTH
S/O. DYAMANNA LANDURI
AGE: MAJOR, OCC: BUSINESS
R/O. KALAKALESHWAR,
TQ: RON, DIST: GADAG.

(OWNER OF TATA ACE BEARING
REG.NO.KA-26/6276)

3. BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD.,
GE PLAZA, AIRPORT ROAD,
YARWADA,
PUNE-411006 (MAHARASTRA)

(INSURER OF TATA ACE BEARING
REG.NO.KA-26/6276 WITH POLICY
NO.OG-09-9995-1803-0001623330)

                                                 ...RESPONDENTS

(BY SRI.R.R.MANE & S.K.KAYAKMATH, ADV. FOR R3) (R1 AND R2 NOTICE DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE

JUDGMENT AND AWARD DTD:28-02-2012 PASSED IN MVC

NO.259/2009 ON THE FILE OF I-ADDL. SENIOR CIVIL JUDGE AND

CJM, DHARWAD SITTING AT NAVALGUND, 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.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.60,000/- (Rupees Sixty

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.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.

Amount in deposit before this Court, if any, shall be

transmitted to Tribunal forthwith for disbursement.

Sd/-

JUDGE

Sd/-

MEMBER

HMB