Yogesha vs Yallappa
2023 Latest Caselaw 8396 Kant

Karnataka High Court

Yogesha vs Yallappa on 24 November, 2023

                                  1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
            BEFORE THE LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF NOVEMBER 2023

                  CONCILIATORS PRESENT:

THE HON'BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA
                                  &
             SMT. K.T. PREMALATHA, MEMBER
                   M.F.A.No. 4473/2023 (MV)
                  (Lok Adalat No. 2227/2023)
  BETWEEN:
  Yogesha S/o Annaiah,
  Aged about 39 years,
  R/at Kuppalli Village,
  Mircle Hobli, K.R. Nagara
  Taluk, Mysuru District,
  Presently R/at C/o Girisha
  S/o Ananda, Maduranahalli
  Village, Ramanathapura Hobli,
  Arakalagud Taluk,
  Hassan District.                             ...APPELLANT
             (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)
  AND
  1.     Yallappa
         S/o Moulappa Hoolikatti,
         (M. Hoolikatti), Major,
         R/o Radhapur, Peth,
         Ramdurg, Belgaum-591 123,
         Karnataka.
                                         2


      2.     The Manager,
             Bajaj Allianz General Insurance Co. Ltd.,
             GE Plaza, Airport Road,
             Yerwada, Pune-411 006.                      ...RESPONDENTS

(BY SRI. S. MAHESHWARA, ADVOCATE FOR R-2, NOTICE TO R-1 - D/W V.C.O. DATED 05.07.2023)

MFA FILED U/S 173 (1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2023 PASSED IN MVC NO. 389/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARAKALAGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant is present.

The learned Counsel appearing for the Respondent - Insurance Company

along with its representative are present.

2. After prolonged negotiations, the matter is settled. A joint memo signed

by the learned advocate appearing for the appellant/claimant (being authorized

by the appellant/claimant to sign) and the learned advocate appearing for the

respondent-Insurance Company and its authorized officer is filed. The

appellant-claimant has agreed to receive and the respondent-Insurance Company

has agreed to pay a lump-sum of Rs. 2,10,000/- (Rupees Two Lakhs Ten

Thousand only), in addition to what has been awarded by the Tribunal, in full

and final settlement of the claim.

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 entire enhanced compensation amount shall be released in favour of

the appellant / claimant, on proper identification.

5. This Miscellaneous First Appeal stands disposed of in terms of the Joint

memo. The Judgment and Award of the Tribunal shall stand modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

Rbv*