Shivappa vs Sheshu And Anr
2023 Latest Caselaw 10019 Kant

Karnataka High Court

Shivappa vs Sheshu And Anr on 9 December, 2023

                         1




     HIGH COURT LEGAL SERVICES COMMITTEE,
                 KALABURAGI
            BEFORE THE LOK-ADALAT
       IN THE HIGH COURT OF KARNATAKA
              KALABURAGI BENCH

 DATED THIS THE 9TH DAY OF DECEMBER, 2023

             CONCILIATORS PRESENT
      THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                       AND
      SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.201715/2021 (MV)

             Lok Adalat No.584/2023

BETWEEN:

CHANNABASAPPA
S/O MALLIKARJUN ITANGIHAL,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O. UKKALI,
TQ. B. BAGEWDI.
DIST. VIJAYPUR-586101.

                                     ...APPELLANT

(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)

AND

1.    SHESHU
      S/O NARAYAN RATHOD,
      AGE:43 YEARS, OCC: BUSINESS,
                           2




     R/O HUBANUR LT-1,
     TQ. AND DIST. VIJAYPUR-586101.

2.   THE BRANCH MANAGER,
     TATA AIG GENERAL INSURANCE CO. LTD.,
     PENISULA CORPORATE PARK,
     NICHOLAS PIRAMAL, TOWER
     9TH FLOOR, GANAPATRAO KADAM MARG,
     LOWER PAREL,
     MUMBAI-400013.

                                  ...RESPONDENTS

(SRI. S. S. ASPALLI, ADVOCATE FOR R2; V/O DATED 04.02.2022 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT NO. XII, VIJAYAPURA AT VIJAYAPURA IN MVC NO.126/2018 DATED 02.01.2021 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED.

CONCILIATION ORDER

The learned counsel for the Appellant/Claimant

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.25,000/- (Rupees

Twenty 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 entire 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 LG