HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12 T H DAY OF MARCH, 2022
CONCILIATORS PRESENT:
HON'BLE MRS.JUSTICE K.S. HEMALEKHA
AND
SMT. ANURADHA R.DESHAPANDE, MEMBER
M.F.A.No.105162/2019 [MV-I]
(Lok Adalat No.451/2022)
BETWEEN:
SRI.SIDDAPPA S/O KALLAPPA SANADI
AGE: 61 YEARS, OCC: MASON NOW NIL,
R/O: KALMESHWAR GALLI,
DHAMANE,
TQ AND DIST: BELAGAVI.
...APPELLANT
(BY SRI. ASHOK A NAIK, ADVOCATE)
AND:
1. SHRI.MARUTI S/O PEERAJI BALEKUNDRI
AGE: 27 YEARS,OCC: BUSINESS,
R/O: BASVANA GALLI,
DHAMANE,
TQ AND DIST: BELAGAVI-591307.
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2. THE NEW INDIA ASSURANCE COMPANY LIMITED
BY ITS DIVISIONAL MANAGER,
BELAGAVI TOWN BRANCH NO.3957/184/A,
SHANBAGH PLACA,
1ST FLOOR,
SANMAN DELUXE HOTEL BEHIND,
NEAR GANDHI BHAVAN,
COLLEGE ROAD,
BELAGAVI-590020.
...RESPONDENT'S
(BY SRI. S. V. YAJI, AD.V FOR R2; R1- DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.09.2019 PASSED IN MVC NO.2259/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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. 3
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.1,60,000/- (Rupees One Lakh Sixty 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.
3. The said 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.
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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 SMM