Sri.Basavaraj S/O Kallappa ... vs Proprietor M/S.. Shubham ...
2022 Latest Caselaw 4492 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.100456/2019 [MV]
             (Lok Adalat No.2287/2021)

BETWEEN:

1.   SRI.BASAVARAJ S/O KALLAPPA HANCHINAL
     AGE: 24 YEARS,
     OCC: NIL,
     R/O: GHANTIKERI ONI,
     HUBBALLI.

                                     ... APPELLANT

(BY SRI. ANJANEYA M.,ADVOCATE)

AND:

1.   PROPRIETOR M/S. SHUBHAM TRANSPORT,
     B-5, II FLOOR,
     EUREKA TOWER,
     TRAFIC ISLAND, HUBBALLI,
                          2




     (OWNER/INSURED OF TRUCK
     NO.KA-25/D-7925)
2.   THE DIVISIONAL MANAGER
     THE NEW INDIA INSURER CO. LTD.,
     DIVISIONAL OFFICE,
     N.C.M. HUBBALLI,
     (INSURER OF POLICY
     NO.67140031150100000019
     VALID UP TO 31/03/2016)

                                  ...RESPONDENT'S

(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2 R1 SERVED)

MFA IS FILED U/S.30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED:17.10.2018, PASSED IN ECA.NO.1/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. BARRED BY PERIOD OF LIMITATION.

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.1,08,000/-

(Rupees One lakh eight 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 VMB