K. Thippappa @ Thippeswamy vs Shivaputrappa S Shetter
2022 Latest Caselaw 4509 Kant

                           1




 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

             BEFORE THE MEGA LOK ADALAT

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 12TH DAY OF MARCH, 2022

                CONCILIATORS PRESENT

          THE HON'BLE MR.JUSTICE B. VEERAPPA

                         AND

             SRI M.N. UMASHANKAR, MEMBER

                MFA No.5102/2020 (MV)

                LOK ADALAT No.595/2022

BETWEEN:

K. THIPPAPPA @ THIPPESWAMY
S/O. KENCHAPPA, AGE 55 YEARS
AGRICULTURIST, R/O. HIREKANDAWADI
HOLALKERE TALUK - 577 526
NOW R/O. PANDARAHALLI
CHITRADURGA TALUK AND DISTRICT
                                         ...APPELLANT
(BY SRI R.SHASHIDHARA, ADV.)

AND:

1.     SHIVAPUTRAPPA S. SHETTER
       S/O SOMAPPA, AGE MAJOR
       OWNER OF MAHINDRA MAXXIMO CAR
       BEARING NO.KA-26/A-1398,
       R/O. A.P. KALYANA
       NAGARA, NEAR AIRTEL TOWER
                                  2




        RONA TALUK, GADAG DISTRICT
        PIN-582 209

2.      THE BRANCH MANAGER
        UNITED INDIA INSURANCE CO. LTD.,
        BRANCH OFFICE, 2ND CROSS,
        D.R.M. HOSPITAL BUILDING
        HOLALKERE ROAD, CHITRADURGA
        PIN-577 501.

                                               ... RESPONDENTS

(BY SRI S. KRISHNA KISHORE, ADV., FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.06.2020 PASSED IN MVC NO.1163/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, HOLALKERE, SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED :

CONCILIATION ORDER

The learned Counsel for the appellant - claimant, and the

learned counsel appearing for the Respondent - Insurance

Company along with its representative are present.

2. After prolonged negotiations, the matter is settled.

A joint memo signed by the learned advocate appearing for the

appellant / claimant (being authorised by the appellant/claimant

to sign) and the learned advocate appearing for the respondent-

Insurance Company and its authorised officer is filed. The

appellant - claimant has agreed to receive and the respondent -

Insurance Company has agreed to pay a lumpsum of

Rs.2,25,000/-(Rupees Two Lakh Twentyfive Thousand only) in

addition to what has been awarded by the Tribunal as full and

final settlement of the claim.

3. 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 9% per annum from the date of

default, till the date of deposit.

4. The entire enhanced compensation amount shall be

released in favour of the appellant - claimant, on proper

identification.

5. The Miscellaneous First Appeal stands disposed of in

terms of the Joint Memo. The Judgment and Award passed by

the Tribunal shall stand modified accordingly. Draw the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

sac*