Shri. Uddappa S/O Mallappa Madamageri vs Shri. Muddappa S/O Siddappa Bagati
2023 Latest Caselaw 9935 Kant

Karnataka High Court

Shri. Uddappa S/O Mallappa Madamageri vs Shri. Muddappa S/O Siddappa Bagati on 9 December, 2023

                             1




      HIGH COURT LEGAL SERVICES COMMITTEE
                DHARWAD BENCH

               BEFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

    DATED THIS THE 9 T H DAY OF DECEMBER, 2023

                CONCILIA TORS PRESENT

THE HON'BLE MR.JUSTICE RAMACHANDRA D.HUDDAR

                           AND

                SHRI D.J.NAIK, MEMBER

             M.F.A. NO.104864 OF 2023 (MV)

             LOK ADALAT NO.1734/2023

BETWEEN

1 . SHRI. UDDAPPA
    S/O MALLAPPA MADAMAGERI
    AGE. 37 YEARS,
    OCC. MASON AND MILK VENDING,
    NOW NIL,
    R/O. BENACHINAMARADI,
    TQ. GOKAK,
    DIST. BELAGAVI-593107

                                             ...APPELLANT

(BY SRI. SANTOSH S. HATTIKATAGI, ADV.,)
                                2




AND

1.    SHRI. MUDDAPPA
      S/O SIDDAPPA BAGATI
      AGE. 52 YEARS,
      OCC. BUSINESS,
      R/O. KALARAKOPPA,
      TQ. GOKAK,
      DIST. BELAGAVI-593107

2.    THE NATIONAL INSURANCE CO.LTD.,
      BY ITS SENIOR DIVISIONAL MANAGER,
      CLUB ROAD,
      BELAGAVI-593107

                                             ...RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV., FOR R2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.03.2023 PASSED IN MVC NO.111/2021 ON THE FILE OF THE IV-ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BELAGAVI, AT BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent-Insurance Company with its

counsel are present.

2. After prolong negotiation, the matter is settled. The

Appellant-claimant has agreed to receive global compensation of

Rs.1,10,000/- (Rupees One Lakh Ten Thousand only), in addition

to what has been awarded by the Tribunal, in full and final

settlement of the claim. Respondent-Insurance Company has

agreed to deposit the said compensation.

3. A joint memo is filed on behalf of the parties to this effect.

Same is in accordance with law and hence accepted.

4. The Respondent-Insurance Company is directed to deposit

the said amount before the Tribunal within six weeks from the

date of preparation of Award, lest the said amount shall carry an

interest at the rate of 9% p.a. from the date of default, till the

date of deposit.

5. The said amount shall be released in favour of the claimant

digitally after collecting necessary documents of identification.

6. The Miscellaneous First Appeal stands disposed of in terms

of the Joint Memo. Consequentially the award of the Tribunal is

modified accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

YAN