Nagayya S/O Hanmanth Manjalkar Bhovi vs Kadamba Transport Corporation And Anr
2023 Latest Caselaw 9963 Kant

Karnataka High Court

Nagayya S/O Hanmanth Manjalkar Bhovi vs Kadamba Transport Corporation And Anr on 9 December, 2023

                        1




     HIGH COURT LEGAL SERVICES COMMITTEE,
                 KALABURAGI
            BEFORE THE LOK-ADALAT

     IN THE HIGH COURT OF KARNATAKA
              KALABURAGI BENCH

 DATED THIS THE 9TH DAY OF DECEMBER, 2023

             CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE M.G.S.KAMAL
                      AND
      SRI. SHARNAGOUDA V. PATIL, MEMBER

           M.F.A. NO.200297/2021 (MV)

             Lok Adalat No.560/2023
BETWEEN:

NAGAYYA
S/O HANMANTH MANJALKAR BHOVI,
AGE: 44 YEARS, OCC: STONE QUARRY,
R/O BENNUR (K), ASHOK NAGAR,
TQ. CHITTAPUR,
DIST. KALABURAGI.
                                    ...APPELLANT

(BY SMT. ANURADHA M. DESAI, ADVOCATE)

AND

1.    KADAMBA TRANSPORT CORPORATION
      THROUGH ITS MANAGER,
      R/O CORNER WING
                           2




     PARAISO DE GOA,
     PORVORIUM BARDEZ,
     NORTH GOA-403521.

2.   NATIONAL INSURANCE COMPANY LTD.,
     DIVISIONAL MANAGER,
     OPP. MINI VIDHAN SOUDHA,
     STATION ROAD,
     KALABURAGI-585102.

                                  ...RESPONDENTS

(BY SRI. SUDARSHAN M., ADVOCATE FOR R2; R1 - SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND THE MODIFY THE JUDGMENT AND AWARD DATED 07.07.2020 PASSED IN MVC NO.747/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI AND ENHANCING THE COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED.

CONCILIATION ORDER

The learned counsel for the Appellant/Claimant 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.1,00,000/- (Rupees One Lakh

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 Claimant.

4. 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.

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 LG