Citation : 2023 Latest Caselaw 9912 Kant
Judgement Date : 9 December, 2023
HIGH COURT LEGA L SERVI CES COMMITTEE,
DHARWAD BEN CH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BEN CH
DATED THIS THE 9 T H DAY OF D ECEMBER, 2023
CONCILIAT ORS PRESENT:
HON'BLE MR.J USTI CE VIJAYKUMAR A . PATIL
AND
SRI.PRAS HANT MATHAPATI, MEMBER
M.F.A .No.100020/ 2015 [MVC]
(Lok A dalat No .1789/ 2023)
BETWEEN:
CHANNAWWA W/O RACHAYYA @ REVAYYA
HIREMATH, AGE:49 YEARS, OCC:PRIVATE MESS
(NOW NIL), R/O:H.NO.4142, KANGRAL GALLI,
BELAGAVI.
...APPELLANT
(By SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
N.W.K.R.T.C, BELGAUM DIVISION,
BELGAUM.
...RESPONDENT
(By SRI. P. R. BENTUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DATED:07.10.2014, PASSED IN MVC.NO.2753/2011, ON THE FILE OF THE I ADDITIONAL
DISTRICT JUDGE AND MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL-II, BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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-Corporation along with
its counsel are present.
2. After prolonged negotiations, the matter is
settled. The Appellant-claimant has agreed to receive
and the Respondent-Corporation has agreed to pay a
global compensation of Rs.90,000/- (Rupees
Ninety 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. The entire
amount shall be released in favour of the
appellant/claimant on proper identification.
3. The Respondent-Corporation 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.
4. 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
SVH
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