Ningappa vs Kashikumara
2022 Latest Caselaw 4660 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. 621/2019 (MV)

               LOK ADALAT No. 602/2022

BETWEEN:


NINGAPPA
S/O KADARAPPA
AGED ABOUT 52 YEARS,
COOLIE
R/O N G HALLI VILLAGE
HOLAKERE TALUK - 577 526
CHITRADURGA DISTRICT.
                                          ...APPELLANT

(BY SRI. R. SHASHIDHARA, ADV.)


AND:

1. KASHIKUMARA
@ KASHIRAMAPPA
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S/O LATE KUNTAPPA
AGE 66 YEARS,
OWNER OF VEHICLE BEARING
NO AKA-16/EE1985
R/O BEESANAHALLY VILLAGE
HOSADURGA TALUK - 577 527.

2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO LTD.,
M.M.K.COMPLEX, AKKAMAHADEVI ROAD,
DAVANAGERE - 577 001.
                                                ...RESPONDENTS

(BY SRI. M.U. POONACHA, ADV. FOR R2;

NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 04.01.2021)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24/09/2018, PASSED IN MVC NO.1144/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, 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.2,35,000/- (Rupees Two Lakh Thirtyfive 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

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