Manjappa @ Manjunath S/O.Irappa @ ... vs Basavaraj M.H. S/O Hanumathappa
2023 Latest Caselaw 9962 Kant

Karnataka High Court

Manjappa @ Manjunath S/O.Irappa @ ... vs Basavaraj M.H. S/O Hanumathappa on 9 December, 2023

      HIGH COURT LEGAL SERVICES COMMITTEE,
                DHARWAD BENCH

              BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

     DATED THIS THE 9 T H DAY OF DECEMBER, 2023

               CONCILIATORS PRESENT:

      HON'BLE MR.JUSTICE VIJAYKUMAR A. PATIL
                          AND
                SRI.D.J.NAIK, MEMBER

             M.F.A.No.101582/2021 [MVC]
              (Lok Adalat No.1787/2023)

BETWEEN

MANJAPPA @ MANJUNATH
S/O.IRAPPA @ SANNAIRAPPA SHIGGAVI
AGE. 34 YEARS, OCC. AGRICULTURIST
AND MILK VENDING WORK AND SEEDS GROWER,
R/O. MADLUR, TAL. HIREKERUR,
DIST. HAVERI-581111
                                            ...APPELLANT
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)

AND

1.     BASAVARAJ M.H. S/O HANUMATHAPPA
       AGE MAJOR, OCC. BUSINESS,
       R/O NO. 1382/19A,
       SARASWATHI NAGAR,
       B BLOCK NEAR KSS COLLEGE,
       DAVANAGERE 577002
       (OWNER OF CAR BEARING REG. NO. KA-17-9-8124)
                             2




2.   THE DIVISIONAL MANAGER
     ORIENTAL INSURANCE COMPANY LTD,
     ENKEY COMPLEX, KESHWAPUR,
     HUBBALLI-580023.
     (INSURER OF CAR BEARING
     REG. NO. KA-17-9-8124)
                                         ....RESPONDENTS

(BY SRI.S.V.YAJI, ADVOCATE FOR R2; R1 SERVED )

THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.10.2019 PASSED IN MVC NO.159/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HIREKERUR, 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-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.2,65,000/-

(Rupees Two lakh sixty 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. The entire amount shall be released in

favour of the appellant/claimant on proper

identification.

3. 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.

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