Neelawwa W/O. Sidramayya ... vs The Divisional Controller
2023 Latest Caselaw 9913 Kant

Karnataka High Court

Neelawwa W/O. Sidramayya ... vs The Divisional Controller on 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. 24906/2012 [MV-SJ]
             (Lok A dalat No .1842/ 2023)

BETWEEN

1.   NEELAWWA W/O. SIDRAMAYYA
     SAMPAGAVIMATH
     AGE: 49 YEARS, OCC:HOUSEHOLD
     R/O. NAGANUR, TQ: BAILHONGAL,
     DIST: BELGAUM

2.   MAHANTAYYA S/O. SIDRAMAYYA
     SAMPAGAVIMATH
     AGE: 30 YEARS, OCC: AGRICULTURE
     R/O. NAGANUR, TQ: BAILHONGAL,
     DIST: BELGAUM

3.   RAMESH S/O. SIDRAMAYYA
     SAMPAGAVIMATH
     AGE: 28 YEARS, OCC: AGRICULTURE
     R/O. NAGANUR, TQ: BAILHONGAL,
     DIST: BELGAUM

4.   MANJUNATH S/O. SIDRAMAYYA
     SAMPAGAVIMATH
                              2




      AGE: 25 YEARS, OCC: AGRICULTURE
      R/O. NAGANUR, TQ: BAILHONGAL,
      DIST: BELGAUM

5.    KASTURI W/O. SATALINGAYYA KULKARNI
      AGE: 41 YEARS, OCC: AGRICULTURE
      R/O. NAGANUR, TQ: BAILHONGAL,
      DIST: BELGAUM

6.    SHEKAWWA W/O. RUDRAYYA
      HIREAMATH
      AGE: 35 YEARS, OCC: AGRICULTURE
      R/O. BADAS, TQ: DIST: BELGAUM
                                            ...APPELLANTS
(BY SRI. SHRIHARSH A.NEELOPANT, ADVOCATE)

AND:

THE DIVISIONAL CONTROLLER
NWKRTC BELGAUM DIVISION, BELGAUM
                                            ...RESPONDENT

(BY SMT. VAISHALI K. KALADAGI)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO THE JUDGMENT AND AWARD DATED 07.12.2011 PASSED IN MVC NO. 315/2011 ON THE FILE FO THE IV ADDL. DISTRICT AND SESSIONS JUDGE AND MACT-V, 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-NWKRTC along with its

counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant-claimants have agreed to

receive and the Respondent-NWKRTC has agreed to

pay a global compensation of Rs.3,25,000/- (Rupees

Three Lakh 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 appellant/claimants on proper identification as

apportioned by the Tribunal.

4. The Respondent-NWKRTC 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

Naa