Sri Channakeshav S/O Basavanneppa ... vs Sri Siddappa S/O Yallappa Nandi
2023 Latest Caselaw 9936 Kant

Karnataka High Court

Sri Channakeshav S/O Basavanneppa ... vs Sri Siddappa S/O Yallappa Nandi on 9 December, 2023

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      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.103007 OF 2022 (MV)

             LOK ADALAT NO.1741/2023

BETWEEN

1 . SRI CHANNAKESHAV
    S/O BASAVANNEPPA BALIPAD
    AGE. 38 YEARS,
    OCC. HOTEL BUSINESS
    NOW NIL,
    R/O. BANAGAR GALLI, GOKAK
    DIST: BELAGAVI-591307

                                             ...APPELLANT

(BY SRI. HARISH S MAIGUR, ADV.,)
                                2




AND

1.    SRI SIDDAPPA S/O YALLAPPA NANDI
      AGE. MAJOR, OCC. BUSINESS,
      R/O. MALADINNI,
      TALUKA: GOKAK,
      DIST: BELAGAVI 591307

2.    THE NATIONAL INSURANCE COMPANY LTD,
      BY ITS BRANCH MANGER
      BUS STAND ROAD,
      GOKAK 591307

                                            ...RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV., FOR R2; R1- NOTICE DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR

VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED

25.11.2021 PASSED IN MVC NO.1606/2018 ON THE FILE OF THE

XII ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS

TRIBUNAL, BELAGAVI, SITTING AT GOKAK, 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.85,000/- (Rupees Eighty Five 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. After such deposit, 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