Karnataka High Court
Irappa Shivappa Manjaragi, vs S Sadanand Chatra, on 14 July, 2014
1
HIGH COURT L EGAL SERVICES
COMMITTEE, DHARWAD
BEFORE THE L OK ADALAT
IN THE HIGH COURT OF KAR NATAKA
DHARWAD BENCH
DATED THIS TH E 14 T H DAY OF JUL Y, 2014
CONC ILIATORS PRESENT:
THE HON'BLE MR.JUST ICE A.N. VENUGOPALA GOWDA
AND
SRI. K.L. PATIL, MEMBER
MF A NO.230 84/20 13 (MV)
[LOK ADAL ATH NO.2071 /2014 ]
BETWEEN:
IRAPPA SHIVAPPA MANJARAGI
AGE: 73 YRS, OCC: NOW NIL,
R/O AMMANAGI, TQ: HUKERI,
NOW AT P-17, HINDALCO COLONY,
TQ AND DIST: BELGAUM - 590 001.
... APPELLANT
(BY SMT. S P PATIL, ADV.)
AND
1. SHRI. S SADANAND CHATRA
THE MANAGING PARTNER,
M/S DURGAMBA MOTORS,
NH-17, HANGLUR - 576 201,
TQ: KUNDAPUR, DIST: UDUPI.
(OWNER OF DURGAMBA BUS
NO. KA-20/A-7904)
2
2. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO., LTD.,
CLUB ROAD,
BELGAUM - 591 001.
(INSURER OF DURGAMBA BUS
NO. KA-20/A-7904).
... RESPONDENTS
(BY SRI. M.Y. KATAGI, ADV. FOR R2) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 28-02-2013 PASSED IN MVC NO.2322/2010 ON THE FILE OF THE MEMBER, MACT.NO.I AND PRINCIPAL DISTRICT JUDGE, BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:-
CONCILIATION ORDER Both sides are present.
The 2nd respondent submits that, it is agreeable to pay `75,000/- in lump sum, i.e., over and above the amount awarded by the MACT, being the full and final settlement of the claim of the appellant.3
After negotiation, the parties have arrived at a settlement. A joint memo is filed in this regard.
Both the parties have signed the consent memo. Thus, the matter having been settled, the 2nd respondent shall deposit the agreed amount before the MACT, within a period of six weeks from the date of receipt of copy of this order. In case of default, the said amount shall carry interest at the rate of 9% p.a. i.e., after the expiry of six weeks' period.
Upon deposit, `25,000/- is ordered to be deposited in FD in the name of the claimant in any nationalized bank for a period of three years, with a provision for withdrawal of the interest accrued thereon. The remaining amount is ordered to be released in favour of the appellant/claimant.
Sd/-
JUDGE Sd/-
MEMBER MRK*